In the aftermath of a car accident, one of the issues that your lawyer has to unravel is liability. If you find yourself in a situation where you believe you are more liable than the other driver, you might wonder whether you can still file a claim for compensation.
At Dominguez Law, we can help you determine if filing a case is in your best interest or not. We just need to analyze the case and see how comparative negligence laws will affect the outcome.
How Comparative Negligence in Car Accident Cases Works
New Mexico is a comparative negligence state. Comparative negligence is a legal doctrine used to assess liability in car accidents, where the court determines who is more at fault for the accident and then adjusts compensation accordingly.
If you were partially at fault for the accident, your compensation would be reduced by your percentage of liability. For instance, if you are found to be 30% liable and the other driver 70%, you can still pursue compensation for your injuries, albeit reduced accordingly.
However, this system also ensures that even those primarily responsible for an accident can recover some damages. For example, if you are 70% at fault for the accident and the damages total $20,000, you would only be eligible to recover 30% of that amount, or $6,000.
Working with an experienced car accident attorney can help ensure your case is presented effectively and your compensation is maximized, even in complex liability situations.
How to Receive Compensation Following a Car Accident
There are many steps that you can take after a car accident in order to receive compensation, even if you were more liable than the other driver. These include:
- Seeking Medical Attention: Your health and safety are the top priority. Even if you feel fine, getting a medical evaluation ensures that any injuries are documented, which is crucial for your claim.
- Reporting the Accident: File a police report to document the details of the accident. This report will serve as an important piece of evidence in your case.
- Gathering Evidence: You and your lawyer should collect photos of the accident scene, vehicle damage, and any visible injuries, along with the records of any medical bills, repair estimates, and lost wages.
- Filing an Insurance Claim: Notify your insurance company and the at-fault driver’s insurer about the accident. Be prepared to provide evidence and a detailed account of the incident.
- Pursuing Legal Action if Needed: If an agreement cannot be reached, filing a personal injury lawsuit may be the best course of action. Your attorney will represent you in court, presenting evidence to secure the compensation you deserve.
- Receiving Compensation: Once a settlement or verdict is reached, you will receive compensation for damages, including medical expenses, lost wages, property damage, and pain and suffering.
An attorney from Dominguez Law will be with you every step of the way during your case.
How a Lawyer from Dominguez Law Can Help
The attorneys at Dominguez Law specialize in guiding accident victims through every step of the claims process. Here is how we can assist you:
- Assessing Your Case: We will evaluate the details of your accident to determine liability and the full scope of your damages.
- Handling Negotiations: Our attorneys are skilled negotiators who work tirelessly to secure fair compensation from insurance companies.
- Litigation Support: If a settlement cannot be reached, we are prepared to represent you in court, advocating for your best interests.
- Providing Peace of Mind: With our expertise, you can focus on your recovery while they handle the legal complexities.
Dominguez Law is dedicated to helping you achieve the best possible outcome after a car accident, ensuring you receive the compensation you need to rebuild your life.
Reach Out to Dominguez Law Today
An experienced attorney can provide invaluable insights into the complexities of comparative negligence laws and help you navigate the intricacies of the claims process. Dominguez Law understands the tactics used by insurance companies to minimize payouts, and our compassionate and aggressive lawyers will advocate on your behalf to ensure that your rights are protected.
Without legal representation, you may find it challenging to effectively present your case, especially if liability is shared. Call Dominguez Law at (505) 850-5854 or use our contact form to get in touch.
