Reviewing Steps with a Car Accident Attorney in Albuquerque, NM

by | Aug 21, 2017 | Attorney

In New Mexico, claimants seeking compensation for auto accident injuries have three years to file a claim. A successful claim provides the victim with compensation for all financial losses. It also provides compensation for the loss of limb or organ function. Permanent injuries, disfigurements, and disabilities could present a higher yield if the claim is successful. A car accident attorney in Albuquerque, NM identifies the victim’s options.

Compare the Report and Eyewitness Statements

A comparison of the accident report and eyewitness statements is necessary. The attorney could discover additional factors that led to the accident. The findings may also provide more substantial evidence for the victim’s claim.

Review Comparative Fault in Car Accidents

Comparative fault rulings assign blame. They show that the victim was also at fault for the accident. The ruling applies to moving violations that the victim committed. The monetary award is reduced if the judge rules that the victim is guilty of a violation. A percentage is assigned according to the moving violation identified. If the percentage exceeds fifty percent, the victim won’t acquire compensation.

Identify Serious Criminal Offenses

The most serious criminal offenses associated with a car accident are DUIs. A conviction for a DUI could provide adequate evidence of a civil claim. The conviction prevents the driver from denying their responsibility for the accident. The evidence could assist the victim in successfully acquiring compensation for their injuries.

Determine Where the Claim is Filed

Any car accident claim for damages under $10,000 is heard in small claims court. Any claim that exceeds $10,000 is heard in district court. The attorney helps the victim calculate the full value of their claim according to their total losses. This calculation defines in what court the claim is filed.

In New Mexico, claimants file a lawsuit after a car accident. Local insurance laws present a legal avenue to file a claim through a policy owned by the responsible party. However, if the at-fault driver doesn’t have coverage, a lawsuit is the only way to collect. Victims who need help contact a car accident attorney in Albuquerque, NM through The Carter & Valle Law Firm or browse the website for further details.

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