Las Cruces Car Accident Lawyer

Las Cruces Car Accident Lawyer

Car accidents can occur no matter how safely you drive and for all kinds of reasons. Whether you collided with another vehicle due to hazardous weather conditions or another driver crashed into you out of recklessness, you need a Las Cruces car accident lawyer to help you secure compensation.

Our team at the Branch Law Firm is dedicated to building the strongest car accident claims we can, ensuring that you receive optimized, comprehensive, and effective legal counsel. Accidents can upend your life when they are serious. Injuries and the loss of your vehicle can touch all aspects of your daily life. Don’t let a major accident go unchallenged. Our experienced car accident lawyers can help you collect compensation for your troubles.

What Damages Can You File For?

There are two things you can file for in car accidents. First, you can file a claim for property damage to your vehicle and any other damaged items within your car. Second, you and any passengers can file personal injury claims if you received serious injuries in the accident.

It is important to know what you intend to file for early on, as both types of claims have different rules and processes to follow. Car accident injury claims must be filed within a shorter period of time than vehicle property damage claims, although reporting for both must be done immediately. An attorney can help you weigh your options and keep you on track to collect the proper documentation and evidence to support your claims.

How Damages Are Calculated

Depending on what type of claim(s) you are filing, damages must be calculated differently. It is important not to bolster the amount of compensation you are requesting, or else you risk having your compensation denied or vehemently disputed.

A personal injury claim can be calculated using the following factors:

Personal injury claims can also cover non-economic losses like pain and suffering if the injury you endured causes a significant decrease in your quality of life. This can be difficult to quantify but justifiable in court through witness testimony and input from medical professionals.

Property damages are more straightforward to calculate. Compensation can be influenced by the value of the vehicle and the extent of the damage.

Both personal injury claims and property damage claims are determined by New Mexico’s comparative negligence rule, which means the percentage of requested compensation is influenced by the amount that you contributed to the accident.

Comparative Negligence: How Does It Work?

Comparative negligence is a rule in which your compensation is affected by how liable you were in the accident. Some states have modified comparative negligence, where you cannot collect damages if the court finds you to be more than 50% liable for the accident. Fewer states have a rule that you will not receive damages at all if you are found to be even 1% liable for the accident.

New Mexico follows what is known as “pure comparative negligence.” With pure comparative negligence, a claimant can collect compensation unless they are 100% liable for the incident. That means a person who has been found 99% liable can still collect 1% of the damages they requested.

Determining Fault in a Car Accident in New Mexico

Compensation is determined by who is at fault for an accident. Without proper evidence, it can be difficult to prove fault, which can drastically change the amount you receive in payouts, if you receive any.

At the Branch Law Firm, we can establish fault using many sources, including:

All of these are valuable assets for us when we build your case. If you have the means, document as much as you can.

What to Do When You Are in a Car Accident

When you have been involved in a collision, you should first navigate to safety and stop. Do not leave the scene; otherwise, you may be accused of a hit-and-run. Once you are safe, check all passengers and other parties for injuries. Safety should be your number one priority at this point. Ensure that everyone is safe before examining your vehicle.

Serious bodily injuries, deaths, and extensive property damage must be reported to the police as quickly as possible. In the case of serious injury, an ambulance may be needed.

Documentation is crucial at every stage of your claim, but it is especially crucial after your accident. Take photos of any damage to your vehicle at all angles. Photograph any injuries, collect contact information from witnesses and other participating parties, and collect the insurance information from the person you collided with.

After the Accident: Next Steps

You should contact your insurance company to report the accident as soon as you can. Your insurance company can evaluate the damage by sending an adjuster to take a look at your vehicle. If the police were involved, you should be able to request a copy of the accident report they filed. Save this for your claim and keep thorough notes.

Even if you did not experience any obvious injuries at the scene of the accident, it is worth going to a medical professional for an examination. Some injuries manifest slower than others or may not manifest until you are out of that high-stress environment. A medical professional can provide you with a breakdown of any injuries you have sustained, treatment plans, and prescriptions for pain. Make sure to preserve copies of all documents related to medical care.

Reporting the Incident in New Mexico

Accidents must be reported to local law enforcement immediately if they result in serious bodily injury, death, or property damage that exceeds $500. The accident must also be reported to the New Mexico Department of Transportation within five days.

What Is the Statute of Limitations for Filing a Claim?

There are different statutes of limitation for personal injury claims and property damage claims. Most personal injury claims, including those from car accidents, have a statute of limitations of three years from the date of the accident. If your injury did not manifest immediately, that three-year timeline begins on the date you discovered the injury. Having copies of your medical records can help to prove this.

Despite these timelines, it is important to file these claims as soon as possible. Making your case justifiable can be extremely difficult when you wait to file or file after the deadlines have passed. In most cases, a judge will not consider a claim that is filed after the deadline has passed, nullifying your efforts for compensation.

FAQs:

How Much Does a Lawyer Get from a Car Accident Settlement in NM?

Many lawyers representing New Mexico car accidents operate using a contingency fee. A contingency fee is only paid to a lawyer if the case is successful. The percentage can vary between law firms, so discussing it with an attorney before committing to them is ideal.

This fee can change depending on the case’s length. For cases that are settled outside of court, your fee may be lower than those with trials. All fees should be transparently conveyed to you.

Do Car Accidents Count as Personal Injury Cases?

Not all car accidents count as personal injury cases because not all accidents result in injury. Personal injury claims are unnecessary in those cases, and a claimant may only request property damages. However, accidents that do result in injury are considered personal injury cases. You can collect compensation for injuries that are only realized later on if you can prove that it was directly caused by your accident.

Should I Hire an Attorney After a Car Accident in NM?

If you have been in a car accident in New Mexico, we highly recommend hiring an attorney to help you through litigation. Insurance claims and medical care can compound considerable stress for you, and you deserve a recovery period free of unnecessary difficulties. An attorney can shoulder the legal burdens while offering strong advocacy for you against predatory insurance companies.

What Can I Collect Compensation for in New Mexico?

If you have been involved in a car accident in New Mexico, you can collect compensation for one or both of the following:

If you are unsure whether your case is eligible for compensation, an attorney can look at your circumstances and help you weigh your options.

Reach Out to a Car Accident Lawyer at the Branch Law Firm

If you or a loved one has been involved in a serious car accident, don’t hesitate to contact an attorney from the Branch Law Firm. One of our knowledgeable Las Cruces car accident lawyers can walk you through the process of filing a claim and seeking compensation for your injuries.