Getting into a car accident can lead to significant losses, including serious injuries and expensive medical bills. While the majority of car accident cases can be resolved through insurance settlements, some are more complex and end up in court. Learn how to file a car accident lawsuit and how an Albuquerque, New Mexico car accident lawyer can help will thoroughly evaluate your case to give you an accurate idea of how much it is worth
Know Your Statute of Limitations
New Mexico has a law known as a statute of limitations that imposes a strict deadline on the right to file a personal injury claim, including a car accident case. New Mexico Statutes § 37-1-8 gives victims three years from the date of the collision to file a lawsuit, for the most part.
You may have more or less time to file, however, in certain situations. A property damage claim must be brought within four years of the car accident, for instance. A case against the government must be initiated within just 90 days, followed by a lawsuit filed within two years. Speak to a lawyer right away to learn your deadline.
Gather Evidence
Start collecting evidence and information connected to your car accident to build a case. At the scene, take pictures of property damage, the surrounding roadway and physical injuries. Write down the names of the other driver and any witnesses. Go to the hospital immediately and keep copies of your medical records and bills.
Submit Your Insurance Claim
Contact your own car insurance provider to notify them of the accident. Ideally, you should do this within a day or two of the crash. If you believe that the other driver or a third party is at fault for the accident, submit a claim with their insurance company. New Mexico is a fault state, meaning the party that caused the accident is liable, or financially responsible, for the damage caused.
Contact a Car Accident Attorney
At this point, you should contact an experienced car accident attorney in Albuquerque, NM who is local to your area for guidance and legal assistance. You can trust an attorney to have your best interests in mind, while you cannot trust an insurance corporation. Insurance companies want what is best for themselves, and may try to convince you to accept a settlement that is less than you need for your medical bills and property repairs.
If you hire an attorney, he or she can take over all communications with an insurance claims adjuster on your behalf, ensuring the protection of your rights. Your lawyer can negotiate for maximum compensation and handle confusing legal processes while you focus on healing.
File Your Lawsuit
The majority of car accident cases in New Mexico end with insurance settlements, meaning a lawsuit does not need to be filed. If your case encounters complications, however, it may be necessary to sue one or more parties. Examples include liability disputes, a rejected insurance claim or unreasonably low settlement offers from an insurance company.If you need to file a lawsuit, work with an attorney to do so correctly and efficiently. Your attorney can help you complete the paperwork required and submit it to the correct courthouse by the deadline. Then, your lawyer can walk you and your family through the discovery phase, hearings and a car accident trial, fighting for justice and fair case results every step of the way.