Everything You Need to Know About Settling a Personal Injury Case


If you were injured in a car accident, you may be entitled to pursue compensation from the responsible party. Though every personal injury case is unique, it’s likely you will have the opportunity to settle the claim outside of court before moving forward with a lawsuit. However, before entering into negotiations, it’s important to learn what you can expect. Below, the personal injury attorneys at Balderrama Law Firm in Carlsbad, NM, answer a few questions they often receive about settling claims.

4 Common Questions About Claim Settlements

What Evidence Do I Need to Support My Case?

As the one filing a claim, you will need to prove that the other party was liable for the injuries you suffered. As such, you will need to gather as much evidence as possible to support your case. This should include the other driver’s contact and insurance information, witness testimonies, an official police report, and photographs of the scene of the accident and your injuries.

What Kind of Damages Can I Recover?

personal injury attorneyWith the help of a personal injury attorney, there are a variety of damages you may be able to recover for your losses. These are typically broken down into two categories: compensatory and punitive. Compensatory damages provide restitution for property damage, current and future medical expenses, lost wages, pain and suffering, and diminished quality of life. Punitive damages are reserved for cases that include gross negligence or acts of malice.

Do I Need to Hire an Attorney?

Although hiring a personal injury attorney isn’t required to file a claim, it’s strongly recommended you do. These professionals will carefully evaluate the case to determine its worth, which will help ensure you don’t settle for less than you deserve. They will take over the negotiation process and deal with the insurance company on your behalf.

What Happens if I Can’t Reach a Settlement?

If you’re unable to reach a settlement agreement with the other party, the case may go to trial. The personal injury attorney will present a compelling argument in front of a judge or jury to show why you deserve compensation. Since litigation is typically a more expensive and time-consuming option, insurance companies are generally motivated to settle.

Getting a fair settlement for an accident claim can be challenging, which is why it’s essential to hire a personal injury attorney. The skilled legal team at Balderrama Law Firm understands how insurance companies work, and they know which negotiating tactics will garner the most favorable outcomes. If you’re interested in filing a claim, they are here for you. Give them a call today at (575) 234-1111 to schedule an initial consultation, and visit their website to learn more about what they do.


(505) 900-3834


(575) 433-2384


7401 Hancock Ct. NE, Suite B
Albuquerque, NM 87109


(575) 234-1111


(575) 885-6788


706 N. Canal Street Carlsbad, NM 88220