After a car accident, you always wonder: should I file a car crash injury claim?
There are many factors to consider. The experienced car accident attorneys at Fadduol, Cluff, Hardy & Conaway provide guidance on filing a car accident injury claim in Texas or New Mexico.
So: should I file a car accident injury claim?
The Seriousness of Injuries
The seriousness of your injuries plays a huge role in determining whether or not to file a car accident injury claim.
If the injuries are minor and your property damage is minimal, reconsider filing a claim. Even if you want the other party held responsible, it may not be worth pursuing. If the compensation will not outweigh the overall cost and time expended on the claim, maybe you shouldn’t.
However, if you have sustained serious injuries that required:
- A hospital visit,
- Considerable medical bills,
- Lost time at work, or
- Significant property damage,
pursuing a car accident injury claim could be the best decision.
Are Your Losses Covered?
In car accidents where both parties have insurance, another question is whether the policies cover your losses.
This includes losses for personal property as well as covering costs for medical treatment. If all of the damage is covered under the insurance policy, you may consider not filing a car accident injury claim.
However, if you are involved in an accident where:
- The other driver is uninsured,
- The policies do not cover your losses, or
- If you are concerned about your premiums going up after an accident,
You may want to consider filing a car accident injury claim.
Who is At Fault?
Determining the degree of fault in a car accident can also help determine whether you should file a claim for injuries.
States have different laws regarding fault and how it affects compensation for your claim.
In New Mexico, they follow a pure comparative negligence doctrine. The court determines the degree of fault for every party involved in the accident and reduces the overall compensation by that percentage.
For example, if you received $100,000 in damages for a car accident claim and were found 10% at fault, your final award would be $90,000. This applies to all parties regardless of the level of fault. This means that even someone found 99% at fault for an accident can receive 1% of their damages in compensation.
In Texas, they follow a modified comparative negligence standard, or “proportionate responsibility.” Similar to New Mexico’s rules, the court takes the compensation awarded and reduces it by the degree of fault. However, they also follow the 51% bar rule, which states that if you are 50% or more responsible for the car accident, you cannot collect any damages.
Our Firm Can Help
If you have questions regarding a potential car accident claim our office is here to help.
With lawyers in New Mexico and Texas, our car accident lawyers are prepared to review your case and advise you on your claims.
Contact us today to schedule a free consultation of your potential car accident claim.