How to Get Compensation After a Car Accident in New Mexico
The process for recovering compensation after a car accident in Albuquerque, NM is complex. Auto insurance companies will do anything to limit your compensation and are only concerned with protecting their insured.
However, with the help of an experienced Albuquerque car accident lawyer and their understanding of New Mexico law, as well as the evidence you need to support your claim, you could be able to obtain a fair settlement.
If you have been injured in a car accident in Albuquerque, contact The Law Giant today to schedule a free consultation with an accident attorney. 505-900-0000.
Common Injuries from New Mexico Car Accidents
Even minor car accidents can produce severe injuries. After a car accident in Albuquerque, you might need compensation for one or more of the following injuries:
- Broken or Fractured Bones
- Internal Organ Damage
- Traumatic Brain Injuries
You may not “feel” hurt immediately after your accident, but that doesn’t mean you should forgo a doctor’s evaluation. The initial shock and adrenaline you experience after an accident might mask the pain of your injuries.
You might feel fine right after an accident, then begin experiencing a splitting headache later that day. A doctor’s evaluation could reveal that you suffered from a concussion, which could impact the value of your New Mexico car accident claim.
Damages You Could Recover After a New Mexico Car Accident
You might have suffered from two types of car accident damages: economic and non-economic damages.
Economic damages have a monetary value and include the following:
- Medical bills
- Lost wages
- Ongoing rehabilitative costs
- Lost earning capacity
- Vehicle repairs
- Home modifications for disabled individuals
Non-economic damages do not have a specific monetary value; however, they make up a significant portion of your overall compensation. These damages include the following:
- Mental suffering
- Emotional distress
- Physical pain
- Loss of consortium
How to Recover Compensation After a Car Accident in Albuquerque
To recover the proper compensation for your damages, you must ensure that you evaluate your expenses properly and get the legal support you need throughout the process. Follow these steps to get compensation after your accident:
File an Accident Claim Against the At-Fault Party
The New Mexico statute of limitations gives you three years from your accident to file your claim against the at-fault party. This may feel like plenty of time, but you risk losing valuable evidence the longer you wait. So, you should file your claim as soon as possible to evaluate your damages accurately.
Although New Mexico requires all drivers to carry minimum insurance amounts to cover an injured driver’s damages, you should still file a personal injury claim to recover max compensation. New Mexico law states that all drivers must carry the following insurance amounts:
- $25,000 for bodily injury or death of one person
- $50,000 for bodily injury or death of two or more people
- $10,000 for property damage
Your damages could quickly exceed these minimum amounts, leaving you with no money to pay for ongoing care. You might be permanently paralyzed from your accident, which could lower your quality of life and limit your earning capacity. That’s why you must take the time to assess your damages and pursue an amount that satisfies your needs.
Gather Evidence to Support Your Car Accident Case
To have a strong case for compensation, you must prove that the other party’s negligence caused your accident. To prove the at-fault party’s negligence, you must gather the following pieces of evidence:
- Medical Records – Keep track of all your medical bills and ongoing expenses
- Paystubs & Timesheets – Gathering recent pay stubs, tax documents, and timesheets from your employer could help prove the wages you lost and the time you took off from work. This could also help determine the wages you’ll miss out on in the future while you recover.
- Keep a Post-Accident Journal – Journaling your recovery journey could prove how your accident has impacted your life emotionally
- Take Photos & Videos of the Accident Scene – Photos of your injuries and the car’s damage could provide compelling insight into the extent of your damages
- Obtain the Police Report – Law enforcement are usually the first to arrive at the scene, and their report could help determine who was at fault for the crash.
Negotiate with the At-Fault Insurer
Insurance companies are greedy businesses that only care about limiting your payout and protecting their bottom line. For this reason, the at-fault insurer will use many tactics to limit your compensation.
For example, suppose you delayed medical care after your accident. In this case, the insurance company might claim that you weren’t as injured as you claim. They could state that you would have gone straight to the hospital if you were severely injured.
The insurance company will use arguments like this to justify an initial lowball settlement. Your accident attorney can use the evidence they gathered during the discovery phase to support a higher settlement amount.
Agree on a Settlement or Go to Trial
Most of the time, your attorney and the insurance company will reach a fair settlement. However, after going back and forth several times, a stubborn insurer may still be reluctant to pay you what you need to recover. In this scenario, your case will go to trial, and your attorney must prove the at-fault party’s negligence in court.
Recover the Compensation You Need with the Law Giant
When you suffer from severe injuries, you need compensation fast to keep up with your medical bills. Filing your claim on time and producing evidence to support your case helps you recover the compensation you need. Law Giant Injury Lawyers has the experience and resources to fight for a fair deal after an accident in Albuquerque.
Contact our office today at 505-900-0000 for a free consultation.