While most premises liability cases end with a settlement involving the liable party’s insurance company, some cases may warrant a lawsuit that takes them to court. With a better understanding of the Albuquerque premises liability trial process, potential plaintiffs could determine what their lawsuit will look like, especially with the help of the attorneys at New Mexico Accident Firm.
Our premises liability attorneys will help you understand how the trial process works and what to expect at each phase.
Before the premises liability trial process in Albuquerque actually begins, plaintiffs and their attorneys will go through the pre-trial process. During this stage, attorneys will investigate the case and collect evidence such as surveillance footage, medical records, and witness statements to help prove liability.
Additionally, attorneys may attempt to reach a settlement before actually going to trial, which may be favorable because of the costs of going to court.
If both parties involved fail to reach a settlement for an Albuquerque premises liability case, the court could initiate the trial process. The case will begin with opening arguments from both sides, followed by the discovery process in which both sides gather and share all relevant evidence in their favor.
Throughout the case, the court or jury will compare the plaintiff’s degree of fault with that of the property owner, using New Mexico’s pure comparative negligence rule to assign fault. Under this particular rule, the plaintiff will receive a smaller percentage of compensation the more at fault they are.
For instance, if a plaintiff receives a total of $100,000 worth of compensation, they would receive $70,000 of that if they are 30% at fault for an accident.
Once both sides make their closing arguments at the end of the trial process, the judge or jury will determine the final outcome.
Most cases involve a combination of economic and non-economic damages. Economic damages apply to the direct financial losses resulting from a case, and they could include medical expenses, lost income, lost earning capacity, and other costs. Non-economic damages cover pain and suffering and other less tangible damages resulting from an accident.
In rare instances, the court may also award punitive damages in a premises liability trial in Albuquerque. Punitive damages only come into play if the defendants’ behavior was malicious, willful, reckless, wanton, fraudulent, or in bad faith, under New Mexico law. These damages have the goal of punishing defendants instead of compensating plaintiffs, with the ultimate goal of preventing similar instances of neglect or malice.
When plaintiffs receive their settlement, a portion of that will cover legal fees and other related expenses.
The Albuquerque premises liability trial process can be challenging to navigate, and it is crucial to have an attorney by your side throughout this process to avoid critical mistakes. At NMAF, our team of experienced lawyers could help you determine what legal options you have when it comes to pursuing a premises liability case.
Reach out to us today to discuss a claim or lawsuit and find out whether you qualify for total compensation following a premises liability accident.
