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Getting into a car accident can change a victim’s life in seconds. When the crash is the fault of another party, it can be difficult to cope. Knowing what to expect from New Mexico’s legal process and the average car accident settlement in Albuquerque can help you take on your legal case with confidence.
Hire a Car Accident Lawyer From Berenson & Associates, PC
With over 25 years of professional experience, Rachel Berenson of Berenson & Associates, PC, created her firm with the passion to make a difference in her community. Our team knows how difficult life can become after a car accident, especially when you weren’t at fault for the crash. While compensation can’t take away the pain of what happened to you, it can help ease your present and future financial burden and hold the responsible party accountable for their actions.
Compensation You Can Request in a Car Accident Case in Albuquerque, New Mexico
Residents of Albuquerque use Interstate 25 and Interstate 40 for daily commuting. These highways see thousands of drivers every day, making the likelihood of experiencing a crash high.
In 2024, there were 15,529 car accidents in Albuquerque. There were 99 fatalities and 6,428 injuries caused by car crashes. Every car accident settlement amount is different, depending on various factors, such as:
- The severity of your injuries
- The severity of the damage to your vehicle and personal belongings
- Who was at fault for the crash
In a car accident case, victims are able to request damages to help them recover compensation for their financial and emotional losses. These damages can help give an idea of what you can expect in your case. A victim can request the following types of damages in their car accident case:
- Economic Damages: These damages are simpler to determine because they’re based on financial losses the victim has suffered since the accident. It includes compensation for medical bills, including hospital and doctor visits, surgeries, medications, medical devices and supplies, physical therapy, and counseling for mental health if needed.It also includes compensation for lost income due to missing work from injuries, and damage to the vehicle and other personal belongings, such as a cell phone, clothing, or a bag.
- Non-Economic Damages: These damages are trickier to calculate because they’re based on more subjective non-financial losses. However, they’re just as important as economic damages. It includes compensation for pain and suffering, disfigurement, disability, and loss of enjoyment of life.
Punitive Damages in a New Mexico Car Crash Case
Depending on what happened during your accident, you may be able to request punitive damages. These damages are awarded when the responsible party acted with extreme malice or negligence. For example, if the driver who hit you did so on purpose or was drunk driving, they may have to pay punitive damages on top of regular damages.
Punitive damages were created to further punish the responsible party and deter similar actions from happening again in the future. Your attorney can help explain if you can request punitive damages in your case.
FAQs
How Do Courts in New Mexico Determine Fault in a Car Accident?
Courts in New Mexico determine fault in car accident cases by assigning everyone involved a percentage of fault. Any compensation awarded to you can be reduced by your percentage of fault. For example, if you’re awarded $100,000 but are found to be 20% at fault for the crash, you would only receive $80,000. This system helps hold the wrongdoer accountable but only makes them pay what they’re personally responsible for.
How Long Do I Have to File My Car Accident Claim?
In New Mexico, you generally have three years from the date of the crash to file your car accident claim. This may seem like a long deadline, but filing early is key to increasing your chances of success. The longer you wait, the more your financial and emotional losses can grow. Plus, preserving evidence becomes more difficult. Eyewitness memories fade fast, and accident sites are cleaned quickly after a crash.
What Evidence Should I Collect for My Car Accident Claim?
You should collect extensive evidence for your car accident claim. This can include:
- witness testimony from those who saw the accident
- professional testimony
- copies of the incident report and your medical records
- copies of your medical bills and lost income
- notes from a therapist about your mental state since the crash
- photos and videos of your visible injuries
- photos of the crash site
- photos of damage to your car and other personal belongings
- surveillance footage of the accident
What Should I Avoid Doing After Being in a Car Accident?
After being in a car accident, you want to avoid admitting fault to anyone or apologizing. While doing so may be instinctive, it can only hurt your future legal case and potentially be used against you during proceedings. What you say and do after a crash matters. Avoid arguing with the other party involved in the crash, as it may make them uncooperative during your legal case. Stay calm and quiet until you hire a car accident lawyer in Albuquerque.
Can I Speak to Insurance Companies Without a Lawyer Present?
You can speak to insurance companies with a lawyer present, but be cautious when doing so. Remember, these companies are looking for any reason to avoid paying. Only provide them with the basic facts about the crash. Don’t speculate or admit fault. It may be helpful to write down what you plan to say before the meeting. If the adjuster asks you to make a recorded statement or answer their questions while under oath, only do so with your attorney present.
Work With an Experienced Personal Injury Law Firm in Albuquerque
Contact Berenson & Associates, PC today to schedule a confidential consultation with one of our skilled car accident attorneys. With years of experience in similar cases, we make the legal process as streamlined as possible for our new clients. Working alongside a personal injury lawyer can help increase your chances of success in your case and help you move forward in your life.
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