How to Get Compensation After a Car Accident in New Mexico

The process for recovering compensation after a car accident in New Mexico is complicated. Insurance companies will do anything to limit your compensation and are only concerned with protecting their insured.

However, understanding New Mexico law and the evidence you need to support your claim could help you obtain the max settlement for your claim.

Common Injuries in Car Accident Claims

Even minor car accidents can produce severe injuries. You might need compensation for one or more of the following injuries: 

  • Broken or Fractured Bones
  • Amputations
  • Paralysis 
  • Burns
  • Internal Organ Damage
  • Whiplash
  • Traumatic Brain Injuries

You may not “feel” hurt immediately after your crash, but that doesn’t mean you should skip a medical evaluation. The initial shock and adrenaline you experience after an accident might mask the pain of your injuries. A doctor’s evaluation could reveal that you suffered from a concussion, which could impact the value of your claim. 

Types of Damages You Could Recover in Your Claim

There are two types of car accident damages you may be able to recover: economic and non-economic damages. 

Economic Damages 

Economic damages have a monetary value and include the following:

  • Medical bills
  • Lost wages
  • Ongoing rehabilitative costs
  • Lost earning capacity
  • Vehicle repairs
  • Home modifications for disabled individuals

Non-Economic Damages

Non-economic damages do not have a specific monetary value; however, they make up a significant portion of your overall compensation. These damages include the following:

  • Mental suffering
  • Emotional distress
  • Physical pain 
  • Loss of consortium
  • Disfigurement

Steps to Recovering Compensation After an Accident

To recover the proper compensation for your damages, you must ensure that you evaluate your expenses properly and get the legal support you need throughout the process.

File an Accident Claim Against the At-Fault Party

In New Mexico, the statute of limitations allows you three years from the date of your accident to start your claim against the responsible party. While this may seem like ample time, delaying filing your claim poses the risk of losing crucial evidence.

Despite New Mexico mandating minimum insurance coverage for drivers to address injured parties' damages, it's still advise that you file a personal injury claim to secure maximum compensation. According to New Mexico law, drivers must maintain the following insurance coverage:

$25,000 for bodily injury or death of one person

$50,000 for bodily injury or death of two or more people

$10,000 for property damage

However, your actual damages could surpass these amounts, leaving you financially responsible for any ongoing care. Severe injuries, such as permanent paralysis, could significantly diminish your quality of life and earning potential. Therefore, it's essential to thoroughly evaluate your damages and pursue compensation that adequately meets your needs.

Gather Evidence to Support Your Case

To have a strong case for compensation, you must prove that the other party’s negligence caused your accident. To prove the at-fault party’s negligence, you must gather the following pieces of evidence: 

  • Medical Records – Keep track of all your medical bills and ongoing expenses
  • Paystubs & Timesheets – Gathering recent pay stubs, tax documents, and timesheets from your employer could help prove the wages you lost and the time you took off from work. This could also help determine anu future lost wages while you are recovering. 
  • Keep a Post-Accident Journal – Journaling your recovery journey could prove how your accident has impacted your life emotionally
  • Take Photos & Videos of the Accident Scene – Photos of your injuries and the car’s damage could provide compelling insight into the extent of your damages
  • Obtain the Police Report – Law enforcement are usually the first to arrive at the scene, and their report could help determine who was at fault for the crash.  

Negotiate with the At-Fault Insurer

Insurance companies are greedy businesses that only care about limiting your payout and protecting their bottom line. For this reason, the at-fault insurer will use many tactics to limit your compensation. 

For example, suppose you delayed medical care after your accident. In this case, the insurance company might claim that you weren’t as injured as you claim. They could state that you would have gone straight to the hospital if you were severely injured. 

The insurance company will use arguments like this to justify an initial lowball settlement. Your attorney can deal with the insurance agency and use the evidence they gathered during the discovery phase to get a higher settlement amount. 

Agree on a Settlement or Go to Trial

Most of the time, your car accident attorney and the insurance company will reach a fair settlement. However, after going back and forth several times, a stubborn insurer may still be reluctant to pay you what you need to recover. In this scenario, your case will go to trial, and your attorney must prove the at-fault party’s negligence in court. 

Recover the Compensation You Need with the Law Giant

When you suffer from severe injuries after crash, you need compensation fast to keep up with your medical bills. Filing your claim on time and producing evidence to support your case helps you recover the compensation you need. The Law Giant has the experience and resources to fight for a fair deal.

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