Santa Fe Premises Liability Lawyer

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Santa Fe Premises Liability Attorney

Slip, Trip and Fall Accident Lawyer Serving Santa Fe and all of New Mexico

When you suffer an injury due to another party’s actions, this can form grounds for a personal injury suit. This applies whether their actions injured you directly or their negligence caused an injury, such as the case with most premises liability claims. If you believe a property owner is responsible for harming you, a Santa Fe premises liability lawyer can assist you in holding them accountable for your damages.

Why You Need a Santa Fe Premises Liability Lawyer

Legal counsel you trust is an essential asset in any type of personal injury case in the state. While it is technically possible for an injured plaintiff to pursue compensation on their own, they are unlikely to achieve the same level of results that an experienced attorney could have secured for them. The right attorney on your side dramatically increases your chance of success with the recovery efforts you make after your accident.

Instead of attempting to meet strict court filing requirements and other procedural obligations on your own while recovering from an injury or caring for an injured loved one, your attorney can manage your legal affairs for you so you can focus on recovery with peace of mind. She will keep you updated on the latest progress with your case while you rest and recover, and you will be more likely to maximize your recovery with their assistance.

Youngers Law, PA, approaches every personal injury case we accept with the goal of helping our client maximize their recovery in the shortest possible timeframe. It’s crucial to work quickly to secure the evidence you may need to prove fault for your damages, so do not delay in reaching out to our team as soon as you can after suffering an injury on someone else’s private property in the Santa Fe area.

Building Your Premises Liability Claim in Santa Fe

Property owners in New Mexico have a legal duty to maintain safe conditions on their premises. If you were injured at a store, a restaurant, a movie theater, a parking ramp or even a private residence, chances are that the property owner may have been negligent. Poorly maintained premises can lead to injuries in numerous ways. For example, slip-and-fall or trip-and-fall accidents can arise from:

  • Slippery floors
  • Obstructed walkways
  • Debris on the floor
  • Uneven transitions between flooring
  • Poorly designed and maintained stairways
  • Inadequate lighting

Other dangerous conditions, such as falling objects and unsafe structures, can pose significant risks to visitors and passersby. Dogs are also another significant source of injuries, trauma and death. Dog owners are responsible for the harm caused by dog bites on innocent guests or passersby.

Your Santa Fe premises liability lawyer will know what evidence you may need in order to establish liability for your damages. You will need to prove not only what hazard caused your injury but also the full extent of the losses you suffered. You must also show the defendant is directly responsible for these losses and that they did not result from some other cause.

Various forms of evidence could be essential to your case, such as security camera footage, building maintenance records, and witness testimony. It’s optimal to have your attorney secure this evidence for you, and she may know other ways of proving liability that you may not have considered on your own. She will also explain how the state’s premises liability laws apply to your specific case.

Property Owners’ Duty of Care in New Mexico

It’s important to remember that under the state’s premises liability laws, a property owner only has a duty of care to prevent injuries to lawful guests and visitors. These include those they have expressly invited to their property for personal reasons, such as friends and relatives, as well as those who have implied permission to enter for their own purposes, such as utility workers, mail carriers, and delivery drivers.

Property owners are generally not liable for injuries to trespassers or intruders on their private property. If you intend to file a premises liability claim against a property owner in Santa Fe, you must prove that you had permission to be present on the property; otherwise, you will be personally responsible for any damages you suffered.

Another issue that may arise in a premises liability claim is the assertion that the hazard that caused the plaintiff’s injury was open and obvious. While a property owner has a duty of care to maintain reasonably safe premises, the average person is also expected to use reasonable care at all times. If a plaintiff caused their own injury due to inattention or recklessness, this could interfere with their ability to claim compensation in a premises liability suit.

Claiming Compensation for a Personal Injury in Santa Fe

A premises liability claim is a type of personal injury claim, and the main objective of a personal injury claim is for an injured plaintiff to prove liability for the damages they suffered and to secure compensation for those damages from the defendant. A personal injury case intends to make the victim as whole as possible again, and this means clearly showing the nature and extent of the damages the defendant caused.

A plaintiff may claim economic damages from the defendant, including any direct financial losses suffered because of the defendant’s negligence or misconduct. In a premises liability case, these are likely to include medical expenses and lost income. However, if the victim suffered serious injuries resulting in any long-term or permanent damage, the victim may also claim future medical treatment costs and their lost earning capacity if they are unable to work.

In addition to these economic damages, a plaintiff also has the right to claim pain and suffering compensation that reflects the severity of the harm they suffered. It can be difficult for the average person to assign a monetary value to intangible losses like physical pain, emotional suffering, and psychological trauma, but their attorney can help them determine a suitable figure to seek with their claim.

Settlement Versus Litigation for Resolving a Personal Injury Case in Santa Fe

You have options when it comes to resolving your personal injury case, and many of these cases filed in Santa Fe end in private settlement negotiations. As long as a defendant accepts liability for a personal injury and both parties are willing to negotiate, it is possible to resolve a premises liability case in a fraction of the time that litigation would require. However, settlement may not prove fruitful for every case, and some cases may not be able to be settled privately.

Litigation will take much longer, but it is possible for a plaintiff to receive more compensation with a trial verdict than they could have negotiated from the defendant in settlement. Ultimately, there are potential benefits and drawbacks to either solution, and your attorney can explain what to expect when it comes to resolving your premises liability claim in Santa Fe as efficiently as possible.

Handling Your Case with the Utmost Care and Concern

If you were involved in an accident on someone else’s property, you owe it to yourself to seek professional legal assistance and determine whether you have a personal injury claim. Joleen Youngers has been providing caring and competent legal representation for injury victims for decades. She has extensive experience with handling premises liability cases, and she works diligently to help her clients get maximum financial recovery.

Attorney Youngers does not simply churn out one case after another with little personal attention. Instead, she will take a close look at your case and will invest the time and effort necessary to maximize its value. Ms. Youngers and her staff will ease your burdens and give you peace of mind, knowing that your case is in good hands.

Trust our firm to uncover all the various forms of compensation you are legally eligible to claim from the defendant. If you suffered serious injuries with long-term implications, we could help you accurately calculate future medical expenses and lost earning capacity if you are unable to return to work due to the severity of your injury. We will also aim to secure as much compensation as possible for your pain and suffering.

When it comes to resolving your personal injury claim in Santa Fe, we will aim to settle the case quickly if doing so suits your interests. We know how to negotiate fair settlements, reducing the time our client must wait to receive compensation for their losses. However, if litigation is unavoidable or more likely to yield a better outcome to your case, trust our team to represent you in the courtroom if necessary.

FAQs

Can I Claim Compensation if I was Partially at Fault?

It is possible to claim compensation even if you were partially at fault in a premises liability case. The state enforces a pure comparative negligence law, meaning a plaintiff’s share of fault will be reflected by a percentage, and they lose this percentage of the compensation recovered from the defendant. Your Santa Fe premises liability lawyer can help you minimize the fault percentage assigned to you if this applies to your case.

What is a Premises Liability Claim Worth in Santa Fe?

The potential value of a premises liability claim in Santa Fe depends on the severity of your damages. You have the right to seek compensation for the economic losses you suffered, such as medical expenses, property damage, and lost income, and you may also claim pain and suffering compensation that reflects the severity of your experience. Your attorney can help you accurately calculate the full value of the damages you are legally eligible to claim.

How Do You Prove Fault for a Premises Liability Injury?

Proving fault for a premises liability injury will require proof that the hazard that caused your injury was something the property owner knew about but failed to address or that they should have known about with diligent care of their property. Your Santa Fe premises liability lawyer can help you gather any evidence you may need to firmly establish liability for the injury you suffered.

How is Pain and Suffering Calculated in a Personal Injury Case?

In a personal injury case, pain and suffering are typically calculated based on the overall severity of the victim’s injuries and their anticipated recovery time. Generally, the more serious the injury, the more the plaintiff can expect to recover in pain and suffering compensation. Plaintiffs who have suffered permanent harm typically recover more pain and suffering compensation than those expected to make full recoveries.

What Will it Cost to Hire a Santa Fe Premises Liability Lawyer?

The cost to hire a Santa Fe premises liability lawyer will be a percentage of your final settlement or verdict if you choose Youngers Law, PA, to represent you. We accept personal injury cases on a contingency fee basis, meaning we will only charge our client a fee if we succeed with their claim. Additionally, this fee is a portion of their total compensation, so there is no risk of paying more in legal fees than you win for your damages.

Free Consultation – Call a Premises Liability Attorney

If you or a loved one was hurt due to a fall or a dangerous condition on someone’s premises, attorney Youngers can analyze whether you have a claim. Call 505-820-0108 to arrange a free consultation. You can also contact the firm online. Evening and weekend appointments are available by request. With offices in Santa Fe and a long-term presence in Las Cruces, the firm serves victims of slip-and-fall accidents throughout New Mexico.

The firm’s lawyer believes that finances should not impair your ability to seek justice. She handles premises liability cases on a contingent fee basis and advances costs.

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