Sometimes, even the best drivers end up getting injured in terrible accidents. If you ever get injured in a car accident in Albuquerque, the immediate concern should be about seeking medical care. Call 911 from the accident site, and check if other drivers and passengers need help. You should also consider calling the local law enforcement and wait for the police to arrive. As soon as you feel better, consider talking to one of Albuquerque accident lawyers, to know if you have a valid personal injury claim. In this post, we are sharing more on New Mexico laws.
The statute of limitations
The statute of limitations in New Mexico allows a victim to file a personal injury lawsuit against the at-fault party within three years. The count starts from the date of the accident. If the car accident resulted in someone’s death, the family can file a wrongful death claim within three years from the date of death. Note that the date of death may not be the same as the date of accident.
The pure comparative negligence rule
What happens when a party is injured, has suffered losses, but also to partially blame for the accident? In such cases, New Mexico follows the pure comparative negligence rule. This means that one can still file for compensation, but their compensation will be reduced by their share of fault in percentage. For example – If you are 20% at fault and have been awarded $50,000 in compensation, you will eventually get $40,000. That said, the pure comparative negligence rule is interesting in a way. That’s because if you have more than 50% share in fault, you can still seek compensation for your losses.
Do you need an accident lawyer?
While there is no specific requirement to hire an accident lawyer in Albuquerque, you may want to consider the option. Keep in mind that car accidents are complicated. When there are multiple parties, vehicles, or a commercial truck involved, things can change in no time. Insurance companies are always trying for ways to reduce the eventual compensation, and you need legal expertise on your side to deal with all that. Hiring an accident lawyer is also about protecting your rights and interests.
The good news is most accident lawyers work on a contingency basis, so you don’t need to pay the lawyer immediately. The lawyer will ask for a fee, only and when they win.