Santa Fe Car Accident Lawyer

Santa Fe Car Accident Attorney

For most people, driving is an integral part of everyday life that can easily be taken for granted. However, that can all change in a moment. Whether someone is distracted, impaired, or acting recklessly while they are behind the wheel, a single act of negligence can turn your world upside down in an instant. If you are involved in an auto collision due to the fault of another party, then consulting with an experienced Santa Fe car accident lawyer is essential.

Berenson & Associates, PC: Your Santa Fe Personal Injury Team

Dealing with injuries, medical bills, insurance claims, and lost wages during the aftermath of a car accident can be overwhelming. Fortunately, you do not have to go through it alone. There is a viable legal path to recovering the compensation that you need in order to move forward with your life after an accident. Knowing that your monetary and non-monetary needs are covered can provide you with the peace of mind that you need to proceed with your claim with confidence.

At Berenson & Associates, PC, our team has more than two decades of experience handling a wide variety of personal injury claims. We take great pride in advocating for the rights of accident victims who have suffered serious damages due to the negligence of other parties. Our attorneys take a personalized approach to get to know you and your unique case so that we can accurately formulate a winning strategy that caters to your needs as you tackle your own recovery.

Common Causes of Car Accidents in New Mexico

Car accidents occur every day in New Mexico and across the United States. Too often, these accidents are due to some form of negligence committed by one or more of the drivers involved.

Here are some of the most common causes of car accidents in New Mexico:

• Distracted Driving: Texting while driving, adjusting music or GPS systems in the car, eating, and other attention-diverting actions have made distracted driving one of the leading causes of auto accidents across the country. Split-second decision-making can be the difference between avoiding a collision and not. All that it takes is a brief moment of distraction to cause major damage on the road.
• Excessive Speeding: Driving excessively above the legal speed limit is not only a punishable traffic violation but is also another common cause of car accidents in New Mexico. Speeding reduces the reaction time needed for a driver to avoid potential collisions and significantly increases the chances of a severe accident occurring. The greater the speed of the vehicle, the more catastrophic damage is possible.
• Impaired Driving: Driving under the influence of drugs or alcohol can significantly impact a driver’s overall judgment, reduce their reaction time and reflexes, and affect their general decision-making abilities. Despite the strict state and federal penalties in place for impaired driving, it still remains one of the leading causes of severe car accidents and even fatalities.
• Reckless Driving: Aggressive driving, disregarding traffic signs and signals, following too closely to other vehicles, and other careless behaviors fall into the category of reckless driving. Additionally, any form of street racing is also considered reckless behavior.

Simply being aware of common causes of car accidents can help prepare you for potential negligence that occurs on the road. However, no matter how prepared and cautious you may be, you can never control another person. Proving direct liability in a personal injury car accident case is an entirely different matter, which is why working with an experienced personal injury attorney who is familiar with car accident cases can help immensely.

Proving Liability in a Santa Fe Car Accident Claim

If you find yourself filing a car accident personal injury claim, it’s important that you understand how to properly follow the legal requirements and proceedings that will follow. One of the most important aspects of any car accident case is proving liability.

Uncovering the substantial evidence required to prove liability is not always as easy as you might suspect. Timing is critical. The sooner that an attorney can get started, the sooner they can recover relevant evidence to support your claim. As the plaintiff in the case, the burden of proof resides on you (or your personal injury attorney) in order to adequately prove the necessary components of negligence on the part of the defendant.

In New Mexico, there are generally three elements that must be proven in order to demonstrate fault in a car accident. Here are the three required elements that your attorney must provide to prove liability:

1. Duty of Care: The term “duty of care” means that the defendant had a duty or responsibility to consider the risks of their actions or inaction while driving a vehicle. You must be able to prove that a driver owed some duty of care in order to prove that they breached it.
2. Breach of Duty: Once a duty of care has been established, the plaintiff must next show that the defendant had a breach of duty. This means that they did not adequately live up to the established duty of care and did not act as a reasonable person would have under similar circumstances. More often than not, this means that the driver failed to adhere to the traffic laws, was distracted while driving, or was driving recklessly.
3. Causation: The plaintiff must also show that the cause of the accident and the corresponding injuries were a direct result of this breach of duty. This is typically the most difficult element of liability to prove in a personal injury case. Oftentimes, the defendant will argue that the plaintiff shared some degree of responsibility or that the direct cause is being overstated.

Although many victims may initially think that their case is substantial, the defendant and their insurance providers will not hand over financial compensation easily. They often fight back to disprove liability, which is why it is essential to have reputable legal representation from a Santa Fe personal injury attorney. This way, you can ensure that you receive powerful representation against liable parties and fight to obtain the maximum compensation that you’re entitled to.

How Long Does a Car Accident Case Take to Settle?

Each and every car accident and personal injury case is different, meaning that the length and outcome of every case are different. Each case demands a personalized legal strategy in order to achieve the most favorable outcome possible for the accident victim.

Some personal injury cases can be relatively straightforward, depending on the degree of recoverable evidence from the incident and the complexity of the sustained injuries. In these cases, claims can reach a settlement without ever going to trial. However, not every case is resolved so easily. In most cases of car accident trials, the liable party will attempt to fight your claims and prove they weren’t responsible.

Based on these elements, some personal injury claims from car accidents can be settled in as little as 90 days, while others that proceed to trial can take more than a year to reach a settlement agreement. This is why consulting with a trusted attorney can not only help you secure the level of compensation that you deserve but also achieve a settlement quickly.

Regardless of the length of time that the case takes to reach a settlement, it’s also important to know the statute of limitations for personal injury claims in New Mexico. In Santa Fe, you have three years from the day your injury occurred to file a personal injury claim. This statute of limitations is also the same for any family member who lost a loved one to a wrongful death.

Failure to submit your claim within the established statute of limitations will most likely result in your claim being denied, so it is imperative that you submit your claim as soon as possible. When you hire a Santa Fe car accident attorney, you can receive the help you need to fill out and file paperwork, meet important deadlines, and create a strong claim that represents your needs.

What Can a Santa Fe Car Accident Attorney Do for Me?

When you’re involved in a car accident in Santa Fe, New Mexico, dealing with the fallout can be challenging. From going to the doctor to taking time off work, an unexpected injury can have an immense impact on your life. No matter how straightforward your case may seem, it’s critical that you work with a Santa Fe car accident attorney to ensure you receive the compensation you deserve.

Having the representation of an experienced personal injury attorney substantially increases the likelihood of a successful outcome for your claim. Oftentimes, a plaintiff will unknowingly settle for less than they deserve or will overlook important procedural requirements without a lawyer’s help. Fortunately, this is avoidable with a trusted attorney by your side.

Any personal injury claim can raise various questions and leave many victims feeling intimidated and confused. Rather than attempting to manage the legal claim on your own while you are already recovering from an injury, it’s always recommended that you maximize your chances of success and consult an attorney. They can walk you through the entire process so that you can move forward with confidence.

FAQs

Q: How Much Does a Lawyer Get from a Car Accident Settlement in New Mexico?

A: There are various elements that factor into the amount that a lawyer receives from any given car accident settlement. The overall time spent dedicated to the case, the attorney’s years of legal experience in relevant cases, and the total amount of the settlement won can all have effects on how much the lawyer makes in an injury settlement. Most personal injury lawyers take anywhere from 30% to 40% of the total settlement reached.

Q: Should I Get a Lawyer After a Car Accident in New Mexico?

A: In short, the answer is yes. Rarely are cases so cut and dry that they do not require at least some extent of legal representation. There is often pushback from the defendant and their legal team or their insurance provider regarding who is at fault or the amount of compensation required for damages. It is highly recommended to seek representation in order to reach a fair settlement and ensure that your legal rights are protected throughout the process.

Q: Can You File a Claim for Pain and Suffering from a Car Accident in New Mexico?

A: Yes. In the state of New Mexico, car accident claims are considered a form of personal injury. Because of this, you can file a claim requesting both economic and non-economic damages. This means you can request compensation for aspects such as lost wages, property damage, medical bills, pain and suffering, and more. There is currently no legal cap on pain and suffering damages that can be claimed in a car accident case.

Auto Injury Attorney NM – Choose Berenson & Associates, PC

If you or a loved one have been involved in a motor vehicle crash due to the negligence of another party, then consulting with an experienced auto injury attorney in NM is critical. Many victims can face both physical and emotional injuries as a result of severe car crashes and truck collisions. As soon as you’re able, you must start navigating the legal aspects of your accident to ensure you can recover the damages you deserve.

At Berenson & Associates, PC, our Santa Fe personal injury attorneys hold more than 25 years of legal experience. They understand that each case and each client are unique and deserve personalized attention and are prepared to provide you with exactly that. Our goal is to ensure your rights are respected while you go through the varying proceedings of your claim. We can always work to secure the highest amount of damages possible for your situation.

Our team at Berenson & Associates, PC, would be honored to represent you or your loved one after a Santa Fe car accident. Contact us today to request a consultation and discuss your needs with our skilled lawyers.