Finding a Car Accident Lawyer in Albuquerque
Most of us know that when you get behind the wheel of your vehicle, you take a risk.
Unfortunately, even when you drive safely, you can’t trust those around you to act similarly. When the careless or negligent actions of those around you cause an accident, you have a right to recover what you’ve lost.
You may understandably feel overwhelmed and angry at your situation, the mounting medical expenses, and the injuries that prevent you from working. Contact a car accident attorney in Albuquerque to discuss your options. You have a right to pursue compensation from the party that caused you harm.
What Are the New Mexico Laws on Car Accidents?
Our Albuquerque car accident lawyers possess in-depth knowledge of the laws regarding car accidents in New Mexico. As you recover from your injuries, your lawyer provides peace of mind, ensures you never miss a deadline, and pursues your case in your best interests. However, learn how New Mexico laws may affect you and your case.
NM Is an At-Fault Car Accident State
New Mexico is an at-fault car accident state. In at-fault states, the person at-fault for the accident is financially responsible for everyone else’s damages. In these situations, the at-fault driver’s insurance company typically covers the medical expenses and property damage of those affected by the accident.
However, the at-fault driver’s maximum coverage amounts limit coverage. The injured victim’s car insurance company typically covers any excess compensation needed.
Rights of Injured Victims
New Mexico insurance laws permit parties injured in an accident to file personal injury lawsuits against at-fault parties.
Pursuing a personal injury lawsuit often results in greater compensation than an at-fault driver’s insurance coverage. Your Albuquerque car accident attorney analyzes the facts of your case to determine whether filing a personal injury lawsuit may be appropriate for your case.
Comparative negligence means that although a court finds an injured party partly responsible for the accident, they may still recover compensation for their losses. For example, a car crash victim may be 40% at fault for the accident. However, they may still recover 60% of their damages from the at-fault party.
Injured victims need the skills and expertise of a car accident injury lawyer in Albuquerque to help them navigate New Mexico’s complex car accident laws. With their assistance, victims focus on what’s most important–their recovery.
What Are the Car Insurance Requirements in New Mexico?
New Mexico requires all drivers to carry adequate car insurance at all times. Driving without valid insurance has severe consequences, including losing driving privileges, fines, and other penalties.
All drivers in New Mexico must meet the following car insurance requirements:
- Medical coverage/personal injury protection—All drivers must carry a minimum of $25,000 in bodily injury or death to one person insurance and $50,000 in liability coverage for total bodily injury or death in an accident.
- Collision and property damage—All drivers must also carry at least $10,000 in liability coverage for property damage.
- Comprehensive coverage—Comprehensive coverage is optional in New Mexico. Comprehensive coverage covers other parties’ damages in an accident, not the at-fault driver.
- Uninsured/underinsured motorist insurance—This coverage type is also optional in New Mexico and protects a driver from having to pay out of pocket after a collision with an uninsured driver.
- Rental car insurance—Rental car insurance is also optional and covers the costs of a driver’s rental car while their damaged car is repaired after an accident.
Any driver found without the mandatory insurance suffers a penalty of suspension of vehicle registration. The owner must forfeit the vehicle’s registration and license plates within ten days of a notice of suspension or face criminal consequences.
What Can My Albuquerque Car Accident Lawyer Recover For Me?
Compensatory damages seek to make an accident victim whole again. You are entitled to recover compensation for the losses you suffered due to your injuries. Compensatory damages are divided into two categories: economic and non-economic damages.
Economic damages include calculable and tangible losses related to the victim’s losses.
The most commonly claimed economic damages include the following:
- Past and future medical expenses,
- Lost wages,
- Lost future earnings, and
- Property damage.
Your Albuquerque car accident attorney uses solid evidence of these damages to calculate the value of this part of your case. It’s essential to retain all copies of medical bills, therapy bills, car repair invoices, and pay stubs to prove your economic losses.
Non-economic damages represent subjective losses related to your injuries. These non-economic losses are more difficult to prove as they relate to your injuries’ emotional and psychological effects.
Non-economic losses most commonly include the following:
- Emotional distress,
- Pain and suffering,
- Loss of consortium,
- Loss of enjoyment of life, and
- Permanent disfigurement or loss of limb.
The greater your injuries and suffering, the higher the value of your non-economic damages. The experience of a qualified car accident lawyer in Albuquerque, New Mexico, will help you recover non-economic damages. These damages may provide greater financial support as you recover from your injuries in many cases.
How Long Do I Have to File My Case?
In New Mexico, you must report a car accident immediately. For a lawsuit, you have three years from the date of the accident to file your claim. For any damages to your property, the law gives you four years from the accident date. The statute of limitations begins running on the day of your injury or accident or when you discover your injury.
Limited exceptions exist to extend the statute of limitations. For this reason, it’s vital to file your lawsuit promptly so you don’t miss your opportunity to recover the compensation you deserve.
Since 1984, Fadduol, Cluff, Hardy & Conaway, P.C. has focused its practice on helping innocent victims injured by the conduct of others. We understand the importance of recovering financial compensation during such a difficult time. We are proud of our successful track record of securing multiple million-dollar settlements and judgments for our clients.
Suffering injuries in a car accident is a traumatic experience that nobody wants to, or should have to, endure. Unfortunately, they happen. However, injured victims have rights, and we are ready to protect yours.
With over 65 years of combined legal experience, we know how to work hard for our clients in Albuquerque so you can focus on your recovery. If you’re looking for an Albuquerque car accident lawyer, contact us today or call (800) 433-2408 for a free consultation.