Seek the legal help and guidance of an experienced Albuquerque car accident lawyer at FBD Law if you or a loved one are victims of a vehicle collision caused by another driver’s negligence or recklessness. At FBD Law, we have the expertise needed to pursue justice on your behalf and make sure you are fully compensated for your injuries and losses. We know the burden that your injuries, seeking treatment, and the recovery process can place on you and your family. That is why it is our pleasure to assist you.
We have helped different people pursue justice after being victims of a road accident. We know how stressful things can get, and that is why we are committed to providing the best legal services and lessen the load on you. By hiring our attorneys, you can rely on us to oversee the legal processes, handling the demands of your lawsuit, and allowing you to focus on your injuries and get well.
If you or a loved one were involved in a car accident caused by another driver and sustained injuries, call our law offices today at (505) 305-1263 and discover how we can help. Speak to one of our experienced personal injury lawyers and schedule a free case evaluation and be advised on the best way forward. At FBD Law, we are more than happy to answer any questions you might have regarding filing a car accident claim.
Table of Contents
Car Accident Statistics In New Mexico
Car accidents in New Mexico are a worrying issue for many. The state has the second-worst record of negligent and reckless drivers in the United States. NHTSA ranked New Mexico 10th for highest DUI cases, 5th for most reckless driving arrests, and 12th for speeding offenses.
On average, New Mexico has a vehicle crash occurring every 11 minutes, with an alcohol-involved accident happening every 4 hours, according to statistics gathered in 2018. The data also included a person injured in a car crash every 27 minutes, a car-related death happening every 22 hours, and a drunk-driving related fatality occurring every 6 hours.
Therefore, the state has a serious public safety problem on its hands. And with the CDC (Center for Disease Control) pointing out that the drinking crisis in New Mexico is unparalleled, having the right team of legal experts on your side is crucial when seeking justice.
How Much Does A Car Accident Lawyer Cost?
People are never quick to approach lawyers when pursuing a claim case for injuries caused by another person. However, we advise against such pessimism because it comes from a place where you assume an attorney’s services will be expensive and possibly eat into your compensation.
People often make this assumption without considering the benefits of working with an experienced and reputable car accident lawyer. The attorneys at FBD are professionals with vast knowledge and the necessary expertise for handling personal injury lawsuits. When you consider that, along with the fact that we offer our services on a contingency fee basis, your mind should be at ease when approaching us for help and guidance.
Our attorneys will review your claim, take you through what to expect throughout the legal process, and state our service rate before presenting a service agreement. What we charge is contingent on the work our legal experts put into your case to ensure you receive the maximum compensation.
What Should I Do After A Car Accident?
Your health and safety should be the top-most concern when you are involved in a vehicle collision in Albuquerque, NM. Procrastinating on getting necessary medical treatment can result in costly health complications that would have been avoided if you went for a checkup soon after the accident. In the same spirit, you should inform the police of the incident and file a report. Likewise, reach out to a personal injury attorney. Below are the essential things you must do when involved in a road accident:
Contact The Police
We highly recommend informing the police of the car crash even if you did not sustain any harm or significant damage to your vehicle. Ensure that you file a traffic accident report if you fail to reach the police; do this within ten days from the time of the accident. Stick to the facts when talking with the police, giving a detailed account of what happened based on what you recall.
Check On Other Involved Parties (Do Not Leave!)
Never leave the accident scene, even if you believe you are partly to blame. Things can turn against you if you leave, especially if a third party sustained injuries and damages. If you are unharmed, you should check on the condition of the others involved in the accident, pulling to safety if it is possible as you also access the situation while waiting for the police and EMT to arrive.
Speak to all conscious people involved in the car accident and get to know their names. Get their contacts and insurance details. But as you do this, limit your conversation, restricting it to what has transpired without point fingers at anyone. Also, note the police officer’s name and anyone that might be a potential witness of the crash.
Record The Scene
Smartphones are a daily item; people move around with them in their pockets or purses. We suggest using your phone to take photos of the scene, capturing the damaged vehicles, injuries, noticeable landmarks, road conditions, and any other thing that might have contributed to the accident happening. The images on your phone will be crucial in putting together a strong case.
Never Admit Fault
Allow the police and your insurance provider to complete their investigations and determine who is at fault. According to road rules in New Mexico, the driver found to have caused the crash will be held responsible; thus, they will be held financially liable for any injuries and damages you sustained as the victim. Keep your opinions to yourself and reserve them for your car accident lawyer. Do not admit to anything or offer any apologies even if you believe you are at fault for the collision.
Seek Medical Attention
Take the time to assess yourself thoroughly to determine if you were injured in the crash. Check on the others involved in the accident as you request for an emergency medical response team to arrive along with the police. Avoid trying to move anyone with severe injuries; you risk worsening their situation. We recommend keeping your cool and waiting for the medical team to arrive. Make sure that you go for a medical checkup even if you believe you are unharmed.
Call An Albuquerque Car Accident Lawyer
Again, reserve your opinions or complaints for your lawyer. At FBD Law, we are more than aware of how what you say can be used against you in court. Let your attorney communicate with the defendant’s team and negotiate the settlement or push the case to have its day in court. You have a better chance of getting the maximum compensation you rightly deserve for your injuries and losses when you work with a reputable and experienced Albuquerque car accident lawyer from our firm.
What Is The Average Settlement For A Car Accident?
We know that money is probably the last thing on your mind after suffering injuries or losing a loved one because of a road accident. While it might not suffice as a substitute for pain and anguish, you might have or are experiencing, the compensation you are awarded can help make things a bit bearable. We also would like to point out that the financial compensation might be the form of justice you can receive after being a victim of a car accident caused by a reckless or negligent driver.
Note that the insurance company will not know your case’s worth, despite their desperate attempts to settle the matter as fast as possible. Similarly, not even the most accomplished personal injury lawyer can know what your case is worth before evaluating all the circumstances and evidence. At FBD, we offer a non-obligatory case evaluation to learn more about your claim to determine if it is worth pursuing, the settlement to ask for, and what to expect throughout the process.
When Should I Get A Lawyer For My Auto Accident?
On the one hand, you can contend with the restrictions placed by the statute of limitations in New Mexico, and on the other, you need to ensure crucial evidence is preserved. We have encountered an instance where medical records have gone missing or are inconclusive, and police reports are inaccurate in describing the accident, injuries, and the party at fault.
Such things are why you should get in touch with an experienced lawyer immediately after the crash. With the help of different specialists, your attorney will review the medical records and police reports to unearth the truth and ensure the evidence gathered is accurate and enough to ensure the outcome of your case is in your favor.
Why Do I Need A Lawyer And What Are The Benefits?
The days following a car accident can be challenging and confusing, especially when you also are undergoing treatment for your injuries or mourning a dead loved one. That is why you need a skilled attorney on your side to protect your best interests while guiding you on the steps to take when seeking justice and ensuring you are compensated for your losses. Some of the top benefits of working with an experienced car accident lawyer from FBD Law include:
Case Preparation / Filing a Lawsuit
Before filing a lawsuit, your attorney will have to determine if you have a case worth pursuing and value the claim. Different factors will be considered, including medical expenses, lost wages (including future earnings), costs of repairing or replacing the damaged property, and the impact the injuries have on various aspects of your life.
It is a process that requires a vast knowledge of the different laws that apply to your claim when preparing the case. Then there is the statute of limitations, which the lawyer must also keep in mind to ensure the lawsuit is filed within the stipulated period.
After preparing the case and filing the lawsuit, the defendant’s attorneys and insurance representatives will step up their efforts to convince you to accept their settlement offer. You are bound to walk away with a less than adequate amount if you do not have the right negotiation power when meeting with the insurance companies. Insurers have experts in different fields with an arsenal of persuasive techniques that might catch you off guard. That is why you need to work with an experienced attorney to ensure you walk away with a fair settlement.
Trial Preparation & Representation
You are bound to struggle with deadlines and protocols when preparing to go to trial. Lawyers know the legal documents involved and when to file them to avoid hitches during the trial. It is a measure that also works in favor of you having the best legal representation. With experienced personal injury attorneys on your side, you will have a legal team that will challenge any contradictory evidence that could be used to discredit your claim.
What Type of Damages Can I Recover In Albuquerque, New Mexico?
The compensation you receive after a vehicle accident is the total cost of your injuries and damages to your car. When valuing the vehicle’s damage, vital details are considered, including the automobile’s initial value, its condition at the time of the collision, possible depreciated value, and mileage. The costs will also include repair costs, including the price of the specific parts replaced or fixed and any other additional service fees.
It’s more difficult to put a dollar value on physical injuries. Moreover, the severity of injuries and their effects vary from person to person. For instance, if an older person and young athlete both lose a limb in an accident, the emotional, financial, and psychological anguish will be greater for the athlete than the elderly person. The consequences of the accident have a long-term impact on the young athlete; hence compensation would be higher than what the older person would be awarded.
While predicting the settlement amounts might be difficult without a full assessment of the evidence and facts, what you will be awarded as compensation boils down to the legal concept of damages in which you could be entitled to the following:
It covers damages of ascertainable losses suffered due to the car accident. The economic damages might include out of pocket expenses like medical costs for your emergency treatment and care, physical therapy, surgery, visits to different medical specialists, and drug prescriptions. It also will include lost wages and costs incurred fixing or replacing your damaged car.
It covers damages that do not have an exact monetary value, which can include the pain and suffering you and your family experienced because of the injuries or the death of a loved one. It also will involve losses in areas of personal relationships, diminished quality of life, mental and emotional distress, and other non-economic damages depending on your unique circumstance.
Punitive damages mostly serve as a form of punishment for the party at fault for the car accident. The damages are based on the assumption or theory that the victim’s interests and society’s interests can be met by imposing additional damages to the accused. We can go to this option if it is determined that the defendant’s misconduct was outrageous and might serve as a deterrent to the accused and others with similar behavior.
How Is Fault Determined In A Vehicle Collision Claim In Albuquerque, NM?
Every driver in New Mexico must follow traffic rules and ensure their actions do not endanger other road users. Drunk driving, speeding, being distracted while behind the wheel, and any other reckless conduct that leads to an accident will be in breach of that duty of care. Therefore, the driver with such misconduct will be responsible for the injuries and damages the victims sustain in the crash, thus financially liable to cover compensation.
When investigating the incident to determine fault to ensure you get fair compensation after the accident, your lawyer will consider four primary factors:
- The accused has a duty of care to you as the victim
- The defendant breached that duty of care
- You sustained injuries and damage to your property
- The injuries and damages are because the accused failed to uphold their duty of care
Your lawyer will conduct thorough investigations to gather enough proof to support your claim case, showing that the defendant was the one driving and caused the accident.
How Long Do I Have To File A Claim In New Mexico?
Every claim lawsuit is subject to the statute of limitations, but the allocated time for filing a case differs from state to state. Moreover, every lawsuit has unique circumstances which could influence the predetermined deadlines. Irrespective of these things, failure to file your compensation claim on time can potentially disqualify you from pursuing the matter later, even if you had a strong case.
New Mexico state laws have set a time limit of three years from the date of the accident for victims to file their lawsuit in court. The sooner you start the legal processes, the better your chances of filing your case within the stipulated time. Get in touch with our car accident lawyers here at FBD Law in Albuquerque to know the steps you need to take to secure your interests and ensure justice is served.
How Can a Lawyer Help me File My Insurance Claim?
Putting together a strong car accident lawsuit involves thorough investigations, seeking any other relevant information, and obtaining essential documents like police reports, witness testimony, and medical reports. Given this, the claim process entails different legal requirements when preparing to open a file, which will not even be the official claim. It will be what the party at fault and their insurers will use to document our communication.
As your attorneys, we shall speak to you regarding your claim, advise you accordingly, and layout the various details involved and prospects before sending out any demands or requests to the accused’s insurance provider and legal representatives.
What Can I Do If The Insurance Company Denied My Claim?
Always remember that insurance providers are in a profit-making business. As such, they will fight hard to avoid losing money through paying compensation. Therefore, they might try to discredit or deny your claim, which is why you should not face them without your attorney present.
At FBD Law, we will review every aspect of your case to ensure that it is solid before opening a file and setting the ball rolling for the insurers to respond. Also, we shall reassess everything if your claim was unduly rejected and ensure the insurance company offers a fair settlement or we take the matter to before a judge or jury.
Do I Have a Case?
As soon as you come to us for help, we shall evaluate the matter to determine if you have a case worth pursuing. Moreover, we will inform you of the different legal handle you will encounter along the way and how to overcome each and get the maximum compensation. But for this to happen, you should keep all communication channels open and ensure that the legal team handling the matter has all the necessary information needed to put together a strong case with a winning strategy.
What If The Other Driver Does Not Have Auto Insurance?
While the state of New Mexico requires all drivers to have car insurance, the state has one of the highest rates of uninsured motorists in America. Fortunately, New Mexico is not a no-fault state, meaning the driver responsible for the accident will be blamed. With the no-fault system, each driver would be responsible for his or her insurance coverage, meaning your insurer will cover you for the injuries or damages caused by the other driver up to the no-fault limit.
While New Mexico maintains the tort system, you are likely to shoulder the burden if you are involved in an accident with a driver who does not have auto insurance. Therefore, it’s best to always have up-to-date car insurance coverage when on the roads. But even then, we shall investigate the driver at fault to make sure they do not have insurance coverage and advise you on the best action to take.
How Can I Obtain an Accident Report In Albuquerque, NM?
Once you have given your account of what happened during the accident to the police before leaving the scene, the officer will document everything and process an accident report. You can then call the police department to confirm if it is ready and request a copy. Conversely, the report can be purchased online for a small fee, or you can visit the Law Enforcement Center in Albuquerque to get a copy. The car accident attorney assigned to your case can handle this for you if you cannot because of your injuries, or your schedule does not allow.
Call FBD Law Today For Quality Legal Representation In Your Albuquerque Car Accident Lawsuit
The law grants you the right to seek justice for injuries or damages sustained in a road accident resulting from another driver’s actions. Why go through a hard time juggling legal issues that you probably are not fully conversant with, yet there are law experts that can help? Let us be the legal team that helps you and your loved one seek justice for the pain and anguish you have or are experienced after being victims of an automobile collision caused by a reckless driver.
Call FBD Law Firm today at (505) 305-1263 to schedule a no-obligation case review and know your options and the best way forward. You also can email us (firstname.lastname@example.org), and we shall get back to you.