Albuquerque Personal Injury Attorneys
Tenacious Representation Backed by 100+ Years of Experience
Our Albuquerque personal injury lawyers at Martinez, Hart, Sanchez & Romero know how much damage can be caused by a single negligent action. We also know how essential skilled legal support is when dealing with a personal injury claim or lawsuit.
We are proud to offer this support to clients in Albuquerque and throughout New Mexico for nearly 30 years. If you have been injured, we can help you pursue financial recovery and hold the responsible party accountable for the harm they have inflicted.
Call (505) 806-1780 or contact us online to discuss your legal options in a free consultation with our personal injury attorneys in Albuquerque, NM.
Types of Personal Injury Cases We Handle
No two personal injury cases are exactly alike. That’s why our injury attorneys provide individualized attention to each and every client, starting from the initial consultation.
We handle all types of personal injury cases, including those that involve:
Common Types of Injuries
Accidents in Albuquerque can result in life-altering physical and emotional trauma. Our firm represents clients suffering from a range of injuries, such as:
- Traumatic Brain Injuries (TBI): Ranging from concussions to permanent cognitive impairment.
- Spinal Cord Injuries: Including paralysis (paraplegia and quadriplegia).
- Bone Fractures: Serious breaks that may require surgery and long-term physical therapy.
- Soft Tissue Damage: Whiplash, ligament tears, and severe muscle strains.
- Burn Injuries: Resulting from explosions, chemical exposure, or vehicle fires.
- Psychological Trauma: PTSD, anxiety, and depression following a catastrophic event.
New Mexico Personal Injury Laws
New Mexico has specific laws that affect personal injury claims. Understanding these rules is critical to protecting your rights after an accident.
New Mexico follows a “pure comparative negligence” rule. This means that even if you are partially at fault for your accident, you may still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your compensation will be reduced by 20%.
Most personal injury claims in New Mexico must be filed within three years from the date of the accident. For cases against government entities, much shorter notice deadlines may apply—sometimes as little as 90 days. Missing these deadlines could prevent you from recovering compensation.
The Legal Process of a Personal Injury Lawsuit in NM
Every case is unique, but most Albuquerque personal injury lawsuits follow a structured path:
- Initial Consultation: We review the facts of your case and determine if negligence occurred.
- Investigation: Our team gathers evidence, including police reports, medical records, witness statements, and expert testimony.
- The Demand Letter: We send a formal demand to the insurance company outlining your injuries and the compensation required to settle the claim.
- Negotiation: Most cases settle out of court through rigorous negotiation. We fight to ensure the insurance company doesn't "lowball" your settlement.
- Filing a Lawsuit: If a fair settlement cannot be reached, we file a formal complaint in court.
- Discovery: Both sides exchange information and evidence.
- Trial: If necessary, we present your case before a judge or jury to secure a verdict.
Recovering Compensation
After an accident, you may face steep medical bills, lost income, and long-term rehabilitation needs. A skilled Albuquerque personal injury lawyer can pursue compensation for:
- Medical expenses (emergency treatment, surgery, hospital stays, medication, therapy)
- Lost wages and reduced earning capacity if your injury affects your ability to work
- Pain and suffering for physical pain, emotional trauma, and diminished quality of life
- Property damage (such as vehicle repair or replacement)
- Future medical care for ongoing treatment needs
- Wrongful death damages (funeral expenses, loss of companionship, and more, if a loved one was fatally injured)
Insurance companies often try to minimize payouts. Our attorneys negotiate aggressively with insurers and are ready to take cases to trial if necessary to ensure you receive fair compensation.
We Go Above & Beyond When Helping People
Here at Martinez, Hart, Sanchez & Romero, we pride ourselves on continually meeting and exceeding your expectations. We’re also dedicated to making our community a better place, which we accomplish through our legal service and outreach. Finally, we have the honor of being highly respected by others in the Albuquerque legal community, including judges and attorneys.
Our involvement in community initiatives is a cornerstone of our practice. We are actively engaged in programs aimed at supporting local causes, and we collaborate with nonprofit organizations to ensure that the needs of our community are met. This involvement not only helps our neighbors but strengthens our commitment to service and justice. Trust us to not only fight for your rights but also contribute positively to the society we are a part of.
Schedule a free consultation with our firm today by calling (505) 806-1780. You can also contact us online for more information on our legal services and what we can do for you.
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"I can't seem to say enough about the people at this law firm. I was treated with the greatest experience ever. My case wasn't a very large case, but, non the less I was treated with the upmost respect and treatment of a huge case."Christopher C.
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"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
Personal Injury FAQs
How much does an Albuquerque personal injury lawyer cost?
At Martinez, Hart, Sanchez & Romero, we work on a contingency fee basis. This means you pay $0 upfront. We only get paid if we successfully recover money for you.
What should I do immediately after an accident?
First, seek medical attention. Second, if possible, take photos of the scene and gather contact information from witnesses. Third, avoid giving a recorded statement to insurance adjusters until you have consulted with a lawyer.
How long will my case take to settle?
The timeline varies based on the complexity of the case and the length of your medical treatment. Some cases settle in a few months, while complex litigation can take over a year. We prioritize getting you a fair result over a "fast" but inadequate one.
Can I still sue if the accident was partially my fault?
Yes. Because New Mexico is a pure comparative negligence state, your own level of fault does not bar you from recovery; it only reduces your award proportionally.
What are the updates to medical malpractice caps in New Mexico?
As of 2026, New Mexico has implemented significant changes to recovery limits. For independent healthcare providers, the non-economic damage cap remains at $750,000. However, for hospitals and hospital-controlled outpatient facilities, the cap has increased to $6 million. It is also important to note that New Mexico distinguishes between "qualified" and "non-qualified" providers under the Medical Malpractice Act, which can significantly impact how your case is filed.
Can I still recover damages if I was partially at fault for my Albuquerque car accident?
Yes. New Mexico follows a pure comparative negligence model. Unlike states that bar you from recovery if you are more than 50% at fault, New Mexico allows you to recover compensation even if you are 99% responsible. Your final settlement will simply be reduced by your percentage of fault. For example, if your damages are $100,000 but you are found 30% at fault, you can still receive $70,000.
I was injured by a government vehicle in Albuquerque; is the deadline different?
Yes, significantly. While the standard statute of limitations for personal injury is three years, claims against a government entity (like a City of Albuquerque vehicle or a state-run facility) fall under the New Mexico Tort Claims Act. You must file a formal Notice of Claim within 90 days of the incident. The overall lawsuit must then be filed within two years, which is shorter than the standard three-year window.
What is the "Discovery Rule," and does it apply to my case?
In most cases, the three-year clock starts on the day of the accident. However, the Discovery Rule may apply if your injury wasn't immediately apparent—common in cases involving defective medical devices or toxic exposure. In these instances, the statute of limitations may not begin until you actually discovered (or reasonably should have discovered) the injury.
Are punitive damages available in my personal injury case?
Punitive damages are not awarded in every case. They are intended to punish a defendant for especially reckless or "willful and wanton" behavior, such as a high-speed street racing incident or a DUI crash. As of early 2026, there is ongoing legislative debate regarding new caps on punitive damages specifically for medical malpractice; our team stays at the forefront of these changes to maximize your potential recovery.
"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
Martinez, Hart, Sanchez & Romero, P.C. is a local law firm with local and national recognition for having the expertise to handle the toughest cases. Over a century ago, David B. Martinez’s grandparents realized their dream of building a general store at the corner of Rio Grande and Indian School. “A century later, David B. Martinez and F. Michael Hart built this law firm on the same corner of Rio Grande and Indian School where David’s family had built their general store.” The corner of Rio Grande and Indian School is now home to Martinez, Hart, Sanchez & Romero, P.C., which holds the same dedication to serving the needs of the surrounding community.