“Lawsuit” is not a bad word.

Most people tense up when the word “lawsuit” is used. Sometimes, people view a lawsuit as bad word because no one wants to be forced to go to court. However, in the field of injury law, a lawsuit can be a powerful tool because it allows your attorney to gather valuable evidence.

When you or someone has been hurt at the hands of another there are multiple ways to seek compensation. You can call the person and ask that they compensate you for your injuries; this route is unlikely to produce a favorable result. If there was a car accident, most likely, the at-fault party has insurance and you can make a claim with their auto insurance carrier. That is when it is important to have legal representation like Bhasker Law.

All too often, the auto insurance carrier obtains a settlement before a claimant obtains the assistance of legal representation. This is because the adjuster knows that, without legal representation, a proper investigation cannot be conducted. For example, the adjuster may not provide phone records before a lawsuit is filed because they are not legally obligated too. The moment a lawsuit is filed against the at-fault party, the lawyer has subpoena power to acquire the phone records. The records may very well prove that the at-fault party was illegally using their phone at the time of the crash, which means that you may be entitled to a higher award.

A lawsuit would also allow your attorney to question, under oath, the at-fault party. An experienced attorney would be able to increase the value of your case through this very personal question and answer session, called a deposition.

As you can imagine, a lawsuit is not a bad word but a tool for a law office, such as Bhasker Law, to successfully attain fair and reasonable compensation for injured people.


Driving while texting.

New Mexico traffic laws make it illegal to drive while texting. NM Stat § 66-7-374. This includes viewing a text and manually typing a text. Many car wrecks occur in New Mexico because of distracted driving.

The phone records of the at-fault or negligent party may not be accessible until after a lawsuit is filed. Even though liability may be clear, the insurance company probably does not want you to see their insureds phone records because it may increase the value of your claim.

Most often, you must file a lawsuit so that a lawyer may have a subpoena issued to obtain the phone records. If you believe that you were in a car wreck with a distracted driver that was texting and driving, please contact me so that I can help you increase the value of your claim.