People often have to face unforeseen circumstances following a car accident. Besides the physical pain caused by injuries, financial woes can pile up in no time. If you suffered injuries in a crash in Albuquerque where you were not at fault, you need to talk to an attorney to understand your car accident claim. Top law firms like Caruso Law Offices, P.C. offer a free consultation session for potential clients, and their lawyers can explain if you have a valid claim and what you can expect when filing the case. For your help, we have enlisted the common laws related to auto accidents in New Mexico below.
The statute of limitations
The statute of limitations is a state law that sets a deadline for filing car accident injury and other personal injury lawsuits. The time limit varies by state, and if you want to sue a party for your injuries, the deadline in New Mexico is three years. If your car accident lawsuit is about property damage, you have four years to take action. For wrongful death lawsuits, there is a time cap of three years. In all cases, the count starts from the date of the accident or the deceased’s death – whichever is later.
Understanding comparative fault
It is not rare to come across accident cases where more than one driver is at fault. States have different versions of comparative fault rules, and in New Mexico, the pure comparative fault rule is followed. It doesn’t matter whether you are more at fault than the other driver or not; you can still take legal action and claim compensation, provided you have evidence to prove your side. However, your final settlement would be much lower based on the extent of your fault.
Hiring a car accident lawyer
Although not mandatory, engaging a car accident lawyer will only help you further. Lawyers know what it takes to initiate action after a mishap and can gather evidence and details that will support your claim. Your lawyer is also responsible for negotiating a settlement with the insurance adjuster. No matter how friendly they seem, insurance claim adjusters don’t care for car accident victims and only want to reduce what they pay in settlements. Get an attorney so that you have enough time and expertise on your side to consider all legal aspects.
Most law firms in Albuquerque charge a contingency fee for car accident lawsuits.
