New Mexico – October 27, 2020
Compensation for damages.
Accident victims have the right to pursue compensation from negligent drivers under New Mexico law, within the three year statute of limitations to initiate a legal proceeding. A driver involved in an accident resulting in property damage, injury, or the death of any person must stop and render aid when possible. Drivers should report any accident that involves death, or injury immediately to the police and when property damage exceeds $500. They should contact auto insurance carriers within five days of the accident and send a copy to the New Mexico Department of Transportation.
Government entities.
An experienced accident attorney can offer special guidance if the accident involved a government agency, because tort action toward compensation may follow different timelines with specific instructions in these cases. Monetary awards are limited to $200,000 for property damage and $300,000 for past and future medical care in actions against New Mexico government agencies. When negligent acts, such as drunken driving, reckless driving, or distracted driving caused the accident, legal action may be initiated against the negligent individual, and not the government agency.
Insurance requirement.
Despite New Mexico’s requirement to carry auto insurance, New Mexico is among the top five states with the highest rates of uninsured motorists in the United States. It may be difficult to recover compensation from insurance companies requiring the services of a car accident attorney who can assist with payment recovery options related to a car accident. In cases of fatal injury, a wrongful death claim in New Mexico may need to be initiated with the assistance of a wrongful death attorney.
Fault.
Financial responsibility for damages will be determined under New Mexico’s “fault” system, where compensation is based on percentages of fault assigned to each party to an accident. Negligence will be easier to prove if the other driver was driving recklessly, breaking traffic laws, or intoxicated at the time of the accident. It is always prudent to seek legal counsel because civil and criminal case outcomes associated with personal injury and wrongful death claims can vary and an accident attorney has access to a team of experts that can build a strong case for negligence.
Damages.
Personal injury and wrongful death attorneys can file a claim for damages including:
- Medical bills,
- Funeral and burial expenses,
- Lost wage and revenue,
- Compensation for pain and suffering,
- Punitive damages that are intended to punish the person who caused the death, after a case analysis.
Seek legal counsel.
Damages may be costly when car accidents result in catastrophic life altering injury, or death. It is imperative to seek experienced legal counsel at the Law Offices of Brian K. Branch who can guide the path and soften the emotional battles, while navigating a comprehensive settlement to cover losses related to a car accident.
The Law Office of Brian K Branch
715 Marquette Ave. NW
Albuquerque, New Mexico 87102
Tel: 505.764.9710
Toll Free: 888.972.1212
Fax: 505.764.9722
Sources:
https://laws.nmonesource.com/w/nmos/Chapter-41-NMSA-1978#!b/41-2-1
https://laws.nmonesource.com/w/nmos/Chapter-41-NMSA-1978#!b/41-2-3
https://www.insurancejournal.com/news/national/2018/03/15/483414.htm
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