Automobile accidents are one of the most common causes of unintentional injuries in New Mexico. A car crash can inflict much more than just physical injuries, however; it can also cause emotional trauma, property damage or the loss of a loved one’s life. As a car accident victim, you may be able to take legal action to pursue financial compensation for your losses despite not having suffered a physical injury.
Work with an experienced car accident attorney in Albuquerque to build and shape your personal injury claim in a way that increases your odds of success. An attorney can help you prove your non-injury losses with evidence such as photographs, witness statements, psychiatric records, repair estimates, lost wage statements and expert witness testimony.
New Mexico’s Car Insurance Laws
When a motor vehicle accident takes place in New Mexico, the driver or party at fault is held liable (financially responsible). This is known as a fault-based car insurance law. All drivers in New Mexico are required to maintain minimum amounts of bodily injury and property damage liability insurance to pay for harm caused to others in an at-fault crash.
Automobile insurance can pay for more than just a victim’s medical care to treat physical injuries. It can be used to cover various other losses, including:
- Mental and emotional trauma
- Post-traumatic stress disorder
- Psychological counseling
- Prescription medications for mental health conditions
- Motor vehicle repairs or replacement
- Damaged personal property
- Rental car costs
- Lost wages from time missed at work
- Loss of enjoyment of life
- Loss of consortium, or the loss of a loved one’s care and companionship
- The wrongful death of a loved one in a fatal car accident
These are tangible and intangible losses that are permitted to be included in a car accident claim in New Mexico, even if the victim did not suffer physical injuries in the crash. Suffering these losses is a valid reason to take legal action against the at-fault party.
When Is a Claim Without a Physical Injury Permitted in New Mexico?
State laws vary when it comes to the right to file a personal injury claim without the existence of a physical or bodily injury. In New Mexico, a claim is allowed without a physical injury if the victim suffered Negligent Infliction of Emotional Distress (NIED). This means mental, emotional or psychological harm due to the negligence of another party.
Negligence in a personal injury case refers to a lack of proper or ordinary care for a situation, resulting in harm to another person. “Harm” does not necessarily mean apparent physical injury. Pain and suffering or property damage can also provide grounds for a personal injury claim after a car accident in New Mexico.
How a Personal Injury Lawyer Can Help
Unfortunately, it can be difficult to recover fair financial compensation for your losses after a car accident in New Mexico if they do not include a diagnosable physical injury, such as broken bones, whiplash or a traumatic brain injury. However, this does not mean you should give up on your claim.
An attorney can provide comprehensive legal support during your claim. With an in-depth understanding of New Mexico’s related car accident laws, your lawyer will be equipped to handle your specific type of case in a way that optimizes its financial outcome as much as possible.To learn more about this type of legal action in New Mexico or to find out whether you have a case, contact The Fine Law Firm to request a free evaluation in Albuquerque. We will help you explore your right to recover compensation for car accident losses that extend beyond physical injuries.