New Mexico Auto Accidents
New Mexico auto accident victims often ask attorneys if they have suffered a serious impairment of body function or a permanent disfigurement under the state’s laws? The answer lies with their physicians. The severity and seriousness of an auto accident injury must be validated by a medical doctor through a process of diagnostic testing.
New Mexico personal injury law examines whether the injury significantly impacts the injured party’s quality of life. The state courts examine how long the accident victim was out of work while recovering from the injury and what types of activities and functions are limited after the accident due to the victim’s diminished physical capabilities. If an accident victim is able to continuously work after the collision, and life activities have not been seriously impacted or restricted in a significant manner, the victim is not likely to have suffered a serious impairment of body function as required under New Mexico law. Scars related to the victim’s injuries will usually be examined to evaluate whether serious and permanent disfigurement is present.
New Mexico Has Adopted the Tort Liability System
New Mexico follows a system of tort liability with regard to auto accident laws similar to that of 27 other states. Tort liability states permit litigation to address damages that stem from car wrecks. No thresholds or legal limits are placed on the injured victims’ abilities to file civil lawsuits. If you are involved in a car crash in New Mexico, someone must be determined to be the cause, or “at fault,” for the collision. Once deemed “at fault” under New Mexico law, that party is legally responsible for all damages directly resulting from the accident. Damages are normally processed through the insurance company of the at-fault driver. Because New Mexico is a tort liability state, many insurers in the state suggest their clients buy insurance coverage limits that are higher than the state-required minimum levels.
Compensation for Damages
If you suffer injuries in New Mexico because of a car accident caused by another person, you may be able to receive compensation for damages, losses, or injuries, such as:
- Cost of hiring help to do chores, such as cleaning, lawn care, cooking, shopping, and childcare that you cannot perform due to your injury
- Past, present, and future bills for medical treatment related to your injuries
- Emotional distress damages stemming from the accident
- Permanent disability and disfigurement damages
- Lost wages for time spent going to doctor's appointments, physical therapy, and court appearances
- Lost future earning capacity due to injuries suffered
- Repair or replacement of your vehicle and any personal property damaged in the accident
- Other costs or out-of-pocket expenses incurred like towing and storage fees
What Are the Filing Deadlines in New Mexico?
New Mexico’s statute of limitations allows injured victims three years from the date of an auto accident to file a claim against the “at-fault” driver. This means that if you decide to file a civil lawsuit for your injuries, the suit must be filed and proceedings commenced before the statute of limitations ends. Time is of the essence in making your auto collision claim in New Mexico, so it is best to seek legal assistance as soon after you have received initial medical treatment as possible. Delays could prejudice your claims, rights, and interests.
Locate a New Mexico Car Accident Lawyer Today
A New Mexico car accident attorney can represent you in court. He can examine and evaluate your case to assess possible bases for recovery and probable damages stemming from the car collision; highlight strengths and weaknesses of your case; and outline the likely timeline for negotiating or litigating your claim. A New Mexico auto accident lawyer can help you navigate the state's court system and best position your claim for maximum recovery. Call now to speak with an auto accident attorney in New Mexico at 877-913-7222.