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How to File a Personal Injury Claim in New Mexico

January 11, 2023
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Per recent research provided by traffic analysts, close to 100 individuals die in the United States daily in motor vehicle accidents. In 2018 alone, 33,650 fatal motor vehicle incidents resulted in close to 36,560 fatalities, according to the Fatality Analysis Reporting System of the United States Department of Transportation. According to these numbers, automobile crashes are the top cause of mortality in the United States and globally.

It goes without saying that you may be distressed, anxious, and tense if you have been hurt in an accident. Needless to say, being concerned about missing work and losing money when medical expenditures mount is natural.

Thankfully, if someone else's negligence results in your injuries and other damages, you may be entitled to compensation, even if the accident or injuries appear minor at first.

However, it is not as straightforward as it may seem. You will likely need to submit a claim for personal injury. The process of filing a claim for personal injury may be tough, long, and more complicated than you would expect, but an experienced team of accident lawyers can help you through this process.

Data on New Mexico Auto Accidents

Incredibly, there were 470 fatalities involving automobiles in New Mexico in 2021. This is a significant increase from the state's tally of 425 road deaths in 2019. According to Jeff Barela, a spokesperson for the New Mexico Department of Transportation, speeding, aggressive driving, and distracted driving were the leading causes of fatal accidents in New Mexico during the last year. Tragically, 2021 saw the greatest number of traffic-related fatalities in at least a decade.

In the interval, the number of traffic fatalities related to drunk driving decreased. There were slightly under 180 DUI-related accidents in New Mexico in 2019. In 2021, there were just 110 of them left. As evidence of the lowest number of alcohol-related traffic deaths in the recent two decades, Barela cites a roughly 25 percent drop in drunk driving-related accident fatalities over the previous year.

In spite of this, recent insurance data revealed that New Mexico drivers were the second worst in the nation due to the state's high rate of irresponsible and intoxicated motorists.

Moreover, statistics from the National Highway Traffic Safety Administration for New Mexico seem to confirm these conclusions. According to NHTSA data, New Mexico scored fifth for reckless driving, twelfth for speeding, and tenth for driving under the influence arrests.

Filing a Personal Injury Claim

How to File a Personal Injury Claim in New MexicoThe precise trajectory of an accident victim's lawsuit might differ from instance to case. However, the following are the seven general processes for making a claim for personal injury.

Notably, the exact order of these procedures might also differ.

First, you should seek medical treatment after an accident. The kind and duration of therapy will vary from patient to patient.

It may entail care in the emergency department shortly after the accident. Your medical care may consist of a visit to your primary care physician, physical therapy, or surgery. It is also vital to realize that injuries after an accident are not usually immediately obvious.

Occasionally, injuries appear over time. If you are suffering discomfort or symptoms, you should seek medical care.

Collect Documentation After a Crash

If you are able, you should record as much as possible after an accident. This may include taking photographs, noting the precise location, interviewing possible witnesses, and a great deal more.

In addition to creating your medical records for any medical treatment, preparing and collecting paperwork may also include assembling your medical records.

Consider the ancient adage "better safe than sorry" when deciding whether to save a medical document and save it just in case.

Should I Contact a Lawyer After a Crash in New Mexico?

When considering filing a personal injury claim, it is always advisable to get legal counsel.

Occasionally, you may be able to settle a modest claim on your own if there is little damage and no injuries, but the procedure is often difficult and filled with obstacles.

A competent personal injury attorney can assist you from the commencement of your claim to its conclusion.

To continue with a case, you must adhere to time limits, legal criteria, and standards of evidence. A competent attorney may help you succeed!

Make a Settlement Demand

If you decide to file a lawsuit, the next step is to submit a settlement demand demanding compensation for your injuries.

Your attorney will create and submit a settlement demand to the insurance company, defendant, or opposing counsel, if applicable, after discussing your injuries and desired damages with you.

This is often not where the lawsuit will settle but where settlement conversations begin. The overwhelming majority of personal injury cases are resolved out of court.

You may consider filing a lawsuit if you cannot reach a settlement agreement. Once a lawsuit has been filed, the discovery process will commence.

Here, all sides of the facts and circumstances surrounding the accident will be thoroughly examined. During this period, your attorney may confer with experts, depose witnesses, and seek or subpoena documents.

Your attorney will continue settlement negotiations with the defendant throughout the duration of the litigation. In many countries, parties must also engage in arbitration or mediation prior to trial.

Accident Settlement Payments in New Mexico

If you accept a settlement rather than proceeding to trial in New Mexico, you should get your cheque around sixty days after all settlement agreements are completed. However, if the parties cannot agree on a settlement, the matter will continue to trial. Here, both sides may submit their cases.

The plaintiff (the damaged party) is responsible for proving their case. For example, if the plaintiff asserts that the defendant's carelessness caused the accident, the plaintiff must prove that the defendant behaved carelessly.

If the plaintiff prevails, damages might be given. Case-by-case variations in the sequence of these stages are fairly unusual. Occasionally, people file a lawsuit on their own before speaking with an attorney.

Contact a New Mexico Auto Accident Lawyer

These numbers shed light on the realities of automobile accidents in New Mexico. If you or a loved one were injured in one of these situations, please get in touch with Will Ferguson & Associates for a consultation.

Call our automobile accident attorneys in the Albuquerque region at (505) 243-5566 to find out how we can evaluate the specifics of your case to see whether you are entitled to compensation for your injuries.

If we determine that you and your family are entitled to compensation, we will handle every aspect of your legal claim and connect you with a team of respected Albuquerque car accident attorneys.

Contact us immediately for a free, no-obligation consultation regarding your New Mexico auto accident. We are here to assist you in obtaining justice.

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