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A severe car accident can result in victims facing significant injuries, substantial medical bills, lost income, permanent disabilities, and chronic pain. Even seemingly minor fender-benders can lead to total losses and injuries that take months or even years to fully recover from.
Seeking compensation for the damages incurred in a car accident can be a vital step in your recovery. If you or a loved one has been injured in a car accident in Albuquerque or the surrounding area, reach out to Dominguez Law to discuss your situation. At Dominguez Law, we understand that any motor vehicle accident, regardless of its severity, can profoundly impact your life.
Every New Mexico driver has an obligation to act in a reasonable manner to avoid injury and harm to others. There are many ways that a person can breach their duty to act reasonably, including driving recklessly, failing to obey traffic laws, or succumbing to distractions like cellphone use. If a breach occurs, your Albuquerque car accident lawyer can show that the defendant’s careless behavior directly caused your harm and that you sustained damages that must be fairly and fully compensated according to New Mexico law.
An issue that frequently arises in car accident cases is “comparative fault.” Collisions typically occur between two or more vehicles, and it is not unusual for drivers to blame each other. Under these circumstances, a percentage of responsibility will be assigned to each party involved. The compensation award may then be decreased depending on whether and how much you are found at fault. However, you still may be able to obtain damages even if you were not entirely blameless.
New Mexico has rigid timelines for bringing a personal injury claim associated with an auto accident. The state’s civil statute of limitations is three years for a personal injury case. If you wait too long to file a lawsuit, you may lose the right to recover any damages for your car wreck injuries.
After experiencing a car accident in Albuquerque, gathering and preserving evidence is crucial to building a strong case and securing the compensation you deserve. Evidence serves as the foundation of any successful car accident claim, helping to establish liability, demonstrate the extent of your injuries, and document your financial losses. Understanding what evidence to collect and how to preserve it can significantly impact the outcome of your case.
At Dominguez Law, we regularly see how proper evidence collection makes the difference between adequate compensation and a denied or undervalued claim. This guide will help you understand the most critical evidence types for your car accident case and how to ensure this evidence is properly preserved.
Medical documentation is perhaps the most vital evidence in any car accident claim. This documentation creates an official record of your injuries, treatment, and recovery process. To ensure comprehensive medical documentation:
Medical records provide objective proof of your injuries and establish the direct link between the accident and your physical condition. Without proper medical documentation, insurance companies may argue that your injuries were pre-existing or unrelated to the accident.
Visual evidence is extremely persuasive in car accident claims. Photographs and videos capture crucial details that may otherwise be forgotten or disputed. Essential visual evidence includes:
When taking photographs after an accident, be thorough and capture as much detail as possible. Wide-angle shots establish the overall scene, while close-up images document specific damage or injuries. If possible, include reference objects in your photos to provide scale.
The official police report serves as an unbiased account of the accident and often carries significant weight with insurance companies and courts. This report typically includes:
Request a copy of the police report as soon as it becomes available, typically within 7-10 days after the accident. Review the report carefully for any errors or omissions, as these should be addressed promptly with the reporting officer or department.
Independent witnesses can provide crucial testimony about how the accident occurred. Their unbiased perspective often helps establish liability, especially in disputed cases. To preserve witness evidence:
Witness memories fade quickly, so gathering this information promptly is essential. Even if witnesses did not see the actual impact, they may have observed driving behaviors before the crash or conditions that contributed to the accident.
In today’s digital world, electronic evidence plays an increasingly important role in car accident cases:
This type of evidence can be particularly difficult to obtain and may require legal action such as subpoenas or court orders. Working with an experienced attorney is crucial for securing electronic evidence before it can be deleted or overwritten.
If your injuries caused you to miss work or reduced your earning capacity, documenting your financial losses is essential:
These records help establish your claim for lost wages and diminished earning capacity, which can be significant components of your overall compensation.
Complex car accident cases often benefit from expert testimony and analysis:
Expert testimony strengthens your case by providing authoritative analysis that goes beyond what the average person can observe or understand. Your attorney will identify which types of experts would be most beneficial for your specific situation.
Maintain complete records of all communications with insurance companies:
These records help prevent misunderstandings and provide documentation if the insurance company acts in bad faith or makes contradictory statements during the claims process.
Documentation of vehicle damage helps establish the severity of the impact and correlates with injury claims:
Preserving this evidence is particularly important before repairs begin, as vehicle damage may be the most visible indication of impact forces involved in the collision.
Once you have gathered evidence, proper preservation is essential:
Remember that evidence preservation begins at the accident scene and continues throughout your case. The sooner you start documenting and preserving evidence, the stronger your position will be when negotiating with insurance companies or presenting your case in court.
New Mexico follows a “pure comparative negligence” system, meaning multiple parties can share fault for an accident. Your compensation may be reduced by your percentage of fault, making strong evidence particularly important. Effective evidence can help minimize your assigned percentage of fault and maximize your recovery.
Evidence not only helps establish who caused the accident but also demonstrates the full extent of your damages. This comprehensive approach ensures you receive fair compensation for all aspects of your losses, from medical expenses and lost wages to pain and suffering and diminished quality of life.
One of the most important decisions you will face after a car accident in Albuquerque is whether to accept a settlement offer or proceed to trial. This decision can significantly impact the compensation you receive and the time it takes to resolve your case. Understanding the factors that should influence this decision will help you make an informed choice that best serves your interests.
At Dominguez Law, we carefully evaluate each client’s unique circumstances when providing guidance on settlement versus trial. While there is no one-size-fits-all answer, certain considerations consistently play a role in this important decision.
A settlement is an agreement between you and the insurance company to resolve your claim for a specific amount of compensation. When evaluating a settlement offer, consider:
Insurance companies often make their initial offers early in the claims process, sometimes before you fully understand the extent of your injuries or damages. These early offers are typically much lower than what your case is worth and may not account for:
Be wary of quick settlement offers, especially if you are still receiving medical treatment or your doctor has not yet determined whether you will make a full recovery.
A fair settlement should compensate you for all your damages, including:
Review settlement offers carefully to ensure they address all applicable categories of damages. An offer that fails to account for significant aspects of your losses is likely inadequate.
The quality and completeness of your evidence directly impacts the value of your settlement offers. Strong evidence that clearly establishes the other driver’s fault and thoroughly documents your injuries typically leads to higher settlement offers. Conversely, gaps in your evidence or disputed liability issues may result in lower offers.
In many cases, accepting a fair settlement offer provides advantages over proceeding to trial:
Trials involve inherent risk—there is no guarantee the jury will decide in your favor or award the amount you are seeking. A settlement provides certainty about the compensation you will receive, eliminating the risk of walking away with less than you expected or nothing at all.
Settling your case typically resolves your claim much faster than going to trial. Court cases in Bernalillo County can take 12-24 months or longer to reach a trial date, while settlements can often be reached within a few months. This faster timeline allows you to receive compensation sooner and move forward with your life.
Trials involve significant additional expenses, including:
These costs are typically deducted from your eventual recovery, meaning a seemingly larger trial verdict might result in a similar net recovery as a settlement once these expenses are accounted for.
Court proceedings are generally public, meaning the details of your accident, injuries, and personal information become part of the public record. Settlements typically include confidentiality provisions that keep these details private, which many clients prefer.
Despite the advantages of settlement, certain circumstances may make trial the better choice:
If the insurance company refuses to make a reasonable offer despite strong evidence supporting your claim, trial may be your only path to fair compensation. This is particularly true in cases involving severe injuries with substantial damages that the insurance company is unwilling to fully acknowledge.
When the insurance company steadfastly denies their insured was at fault or attempts to place excessive blame on you, trial may be necessary to establish liability. New Mexico’s comparative negligence laws make liability determinations particularly important, as your compensation is reduced by your percentage of fault.
If you believe the insurance company is negotiating in bad faith—unreasonably delaying, denying, or undervaluing your claim—proceeding to trial may be necessary. In some cases, exposing bad faith practices through litigation can result in additional damages beyond your accident-related losses.
Some clients choose to proceed to trial based on principle rather than purely financial considerations. While this is a personal decision, it is important to understand the risks and costs associated with this approach.
Before committing to trial, consider alternative dispute resolution methods such as mediation or arbitration. These approaches offer a middle ground between settlement and trial:
Mediation involves a neutral third party who helps facilitate negotiations between you and the insurance company. The mediator does not make decisions but helps both sides understand each other’s positions and work toward a mutually acceptable resolution. Benefits of mediation include:
Many Albuquerque car accident cases are successfully resolved through mediation, even after initial settlement negotiations have stalled.
Arbitration is more formal than mediation but less formal than trial. An arbitrator or panel of arbitrators hears evidence from both sides and makes a binding decision. Arbitration can be:
Arbitration typically provides a faster resolution than trial while still allowing you to present your full case.
The settlement versus trial decision involves emotional considerations as well as practical ones:
Prolonged litigation can delay emotional closure after a traumatic accident. Some clients find that accepting a reasonable settlement allows them to focus on healing rather than reliving the accident through depositions, testimony, and trial.
For some clients, the public nature of a trial and the opportunity to have their day in court provides a sense of justice and accountability that a private settlement cannot. This psychological benefit may outweigh the practical advantages of settlement in certain cases.
Your car accident attorney should provide detailed guidance about the strengths and weaknesses of your case to help you make an informed decision. The right choice depends on your specific circumstances, including:
An experienced attorney will not simply push for settlement or trial based on their preferences but will help you understand the potential outcomes of each approach, given the unique aspects of your case.
Understanding the typical settlement negotiation process can help you set realistic expectations:
The most successful negotiations occur when you are fully prepared for trial but remain open to reasonable settlement offers. This approach demonstrates to the insurance company that you are serious about your claim while maintaining flexibility to accept a fair offer.
As you weigh settlement versus trial, focus on these key questions:
By carefully considering these factors with your attorney’s guidance, you can make the decision that best serves your interests and provides the compensation you need to move forward after your Albuquerque car accident.
New Mexico follows a comparative fault system, meaning you can recover compensation even if partially at fault. Your compensation will be reduced by your percentage of fault.
For example, if you are 20% at fault, your compensation will be reduced by 20%. This system allows you to still pursue damages even if you share some responsibility.
Hiring a car accident attorney typically involves contingency fees, meaning you pay only if you win your case. Initial consultations are often free, allowing you to discuss your case without upfront costs.
These shops can help get your vehicle back on the road quickly and efficiently.
We have created an infographic summarizing key car accident statistics and steps to take after an accident. This visual guide can help you understand the process and important actions to take immediately after a crash.
At Dominguez Law, we believe in holding parties who act recklessly accountable for their actions and are dedicated to making their insurance companies pay top dollar for your claim. If you believe the at-fault party acted negligently or recklessly, contact us as soon as possible.
To schedule a free consultation with one of our compassionate and aggressive Albuquerque car accident attorneys, call Dominguez Law today at 505-850-5854 or contact us online. We also speak Spanish.
At Dominguez Law, we believe in holding parties who act recklessly accountable for their actions and are dedicated to making their insurance companies pay top dollar for your claim. If you believe the at-fault party acted negligently or recklessly, contact us as soon as possible.
To schedule a free consultation with one of our compassionate and aggressive Albuquerque car accident attorneys, call Dominguez Law today at 505-850-5854 or contact us online. Se Habla Español.
