Ventajas de la reconstrucción de accidentes en casos de lesiones personales New Mexico

Accident reconstruction is an important aspect of New Mexico personal injury claims, as it helps to determine what happened in an accident. By using scientific methods to analyze the evidence, it’s possible to provide a more accurate picture of how an accident occurred. This can be useful in court to prove liability for the accident. Knowing the benefits of accident reconstruction in New Mexico personal injury cases can help you understand its necessity in your own case.

Acerca de Berenson & Associates, PC

En Berenson & Associates, PC, our goal is to provide compassionate and aggressive legal representation to individuals and families who have been injured in New Mexico. We have extensive experience with cases involving lesión catastrófica, and our founding attorney, Rachel Berenson, has over 25 years of experience.

We have developed an extensive and thorough understanding of the complex legal issues you will face if you have been catastrophically injured. We can walk you through each step of the legal process and work hard to protect your rights and to make sure that you are fully compensated for your injuries.

What Is Accident Reconstruction?

Accident reconstruction is a forensic science discipline in which scientific investigators or forensic professionals, usually engineers or physicists, examine the available information from an accident to determine how it occurred.

They analyze the evidence from the scene, such as the damage to the vehicles, skid marks, road conditions, and witness testimonies, to piece together the events leading up to, during, and immediately following a collision. This analysis can be used to determine fault, which may be contested in certain cases.

In New Mexico in 2022, 1% of crashes resulted in a fatality, 31% resulted in an injury, and 5% of crashes involved alcohol. Many of these accidents benefited from accident reconstruction to understand how the accident happened.

New Mexico Personal Injury Laws

New Mexico’s personal injury laws provide a measure of protection to those individuals who have been injured due to the negligence of someone else. Under the state’s pure comparative negligence rule, an injured party can still recover damages if they are partially responsible. However, their damages award will be decreased by their percentage of fault. This rule allows a victim to receive compensation that is equivalent to the other party’s fault.

It is important to note that the state also has a three-year statute of limitations for filing personal injury claims. Determining fault is critical in a personal injury case, particularly when the injury is severe or fatal. Accident reconstruction can create an objective, third-party account of what occurred, which can be valuable evidence of negligence. Accurate reconstruction may also help ensure that all at-fault parties are held liable.

Benefits of Accident Reconstruction

Accident reconstruction can provide several benefits for New Mexico personal injury cases. In many situations, accident reconstruction can be very helpful to injury victims if liability is contested or the accident circumstances are complex or unusual.

By examining the accident scene, the vehicles involved, and any other available evidence, accident reconstruction professionals can use scientific methods to help determine exactly how the accident occurred. Some of these benefits include:

• Establishing liability: Accident reconstruction establishes accountability, demonstrating fault in disputes and solidifying legal arguments.
• Clarifying confusing details: It is possible to precisely deconstruct accidents with unusual circumstances or multi-vehicle collisions to identify cause and effect.
• Backup professional testimonies: This gives testimonies even more credibility.
• Provides leverage in negotiations with insurers: Instead of denying liability, insurers may be persuaded to provide just compensation by objective, scientific evidence.
• Helps to estimate damages. Attorneys can estimate property damage, medical expenses, and long-term care requirements with the use of reconstruction data.

In New Mexico, when accident reconstruction is included in a personal injury case, the injured party is given an opportunity to have a much better understanding of the event and, as a result, has a much better chance at being awarded the compensation they deserve. Accident reconstruction can help turn a case that may have been a mystery into one that can be easily proved with evidence.

Preguntas frecuentes

Why Is Accident Reconstruction Important?

Accident reconstruction is important because it offers an impartial, scientific investigation into the circumstances of the accident. It helps establish fault, particularly in complex or contested cases, and supports the personal injury claim with clear evidence. Reconstruction serves as a critical tool for courts and insurance companies to determine the sequence of events and understand vehicle dynamics, along with environmental factors, during an accident.

Does Surgery Increase Personal Injury Settlement?

Undergoing surgery can potentially increase a personal injury settlement because it can be used to provide evidence of the severity of the injuries suffered, as well as the resulting medical expenses. More complex surgeries may suggest that there are long-term care, rehabilitation, or even permanent impairment needs that need to be factored into the settlement.

Is New Mexico a No-Fault Accident State?

A: New Mexico is not a no-fault state. Rather, New Mexico has a traditional fault system. New Mexico implements a pure comparative negligence rule as part of its legal system. The injured party is required to demonstrate another party’s negligence to claim damages, but they maintain the right to compensation when partially responsible, although the compensation will be decreased by their degree of fault.

What Is the Purpose of the Accident Reconstruction Professional?

The purpose of an accident reconstruction professional is to review the evidence from a crash and determine how and why the accident occurred. To recreate the sequence of events, they assess vehicle damage along with skid marks and road conditions while analyzing witness statements. Their primary purpose is to deliver scientifically valid testimony that explains liability while backing the injured party’s personal injury claim during both negotiations and legal proceedings.

New Mexico Personal Injury Lawyer

If you’ve been hurt in an accident, you shouldn’t have to face the legal process alone. Your attorney will work to safeguard your rights and preserve essential evidence, such as accident reconstruction, while holding responsible parties accountable for your damages. Contacte con Berenson & Associates, PC today to find out about your choices and legal rights.