Albuquerque Lawyers Knowledgeable in Motor Vehicle Collision Claims
Car accidents can cause trauma to many different parts of the body. The chances of a serious injury are increased at high speeds. Some common car accident injuries involve the head, back, and neck, as well as limbs and internal organs. If you have been hurt in a crash, it may be easier to reach a settlement with the other driver’s insurer. However, in most cases, the other driver’s insurer will try to find a way to reduce its settlement offer, even when the accident was the other driver’s fault. Another driver’s insurer or attorney does not owe you a duty to treat you fairly. Accordingly, it is important for a victim of a car accident in the Albuquerque area to consult an attorney before making a statement to another driver’s insurer. At the Fine Law Firm, we help injured individuals seek compensation.
Protect Your Rights by Bringing a Negligence Claim
If you suspect you have been hurt in a car accident, you should go to the emergency room for treatment. Common injuries after a car accident include brain trauma, whiplash, disc bulge, dislocated joints, and fractures. In some cases, the full impact of these injuries can take time to manifest, which is one reason why you should not jump at a settlement offer made to you by an at-fault driver’s insurer without consulting an attorney. For example, a disc injury may not manifest until months have passed since the accident, and disc injuries may require medication on and off for many years. They can last your whole life or even require surgery.
Although you should consult an attorney as soon as possible, you have three years from the date of a New Mexico accident to file your lawsuit. If you fail to file within the statute of limitations period, you may lose your opportunity to seek the necessary compensation.
To prove the other driver’s negligence, you will need to show four elements by a preponderance of the evidence. These are the other driver’s duty of care, a breach of that duty, causation, and damages. All drivers on New Mexico roads owe a duty to others around them to drive safely, given the road and weather conditions. A breach of that duty may take a variety of forms, including distracted driving, fatigued driving, drunk driving, or a violation of a traffic rule. In some cases, a breach of duty is admitted, while in other cases, one or more defendants may have different versions of what happened.
You can likely recover compensatory damages if you successfully show the defendant’s negligence. Compensatory damages may include economic damages like medical bills, out-of-pocket expenses, and lost wages, as well as noneconomic damages such as pain and suffering. A plaintiff’s recovery may be reduced by his or her percentage of fault, if any, under the doctrine of comparative negligence. In most cases, the other driver’s insurer is likely to be looking for reasons that you were at fault for the accident.
Explore Your Options with a Motor Vehicle Collision Attorney in Albuquerque
You should follow your doctor’s recommendations regarding any injuries that you have suffered after a car accident. If you were hurt because an Albuquerque driver acted carelessly, contact the motor vehicle collision lawyers at the Fine Law Firm. You can set up a free consultation by using our online form or calling us at (505) 243-4541. We also represent accident victims in Rio Rancho and elsewhere in New Mexico.