New Mexico Auto Accidents Questions & Answers
1. Who will pay the doctor bills and fix my car if the other person has no insurance?
2. What should I know about the responsible party’s insurance company after an automobile accident?
3. Is an investigation needed in an automobile accident case?
4. Should I release my medical records to the insurance adjuster?
5. What damages can be recovered in an automobile accident injury or death case?
6. How much money is my New Mexico automobile accident case worth?
7. How long will it take to get a fair and reasonable settlement offer?
8. Will I have to go to court?
9. Is an attorney necessary to litigate a automobile accident case?
10. Who can file a lawsuit in a automobile accident causing injury or death case?
11. Who would normally be sued in a automobile accident case?
12. What does your law firm charge for legal fees?
13.How much time do I have in which to bring an automobile accident claim?
1. Who will pay the doctor bills and fix my car if the other person has no insurance?
Even if the other driver doesn’t have any insurance, you may still be covered. There may be other sources of insurance. Let us help you. We can look at your policy and tell you if you have uninsured motorist coverage, which is insurance coverage which can compensate you if you are involved in an auto accident with someone who has no insurance. This is a very important part of our work for our clients. Available coverages and payment sources that are available, may not be obvious. We have a lot of experience in this area and we will help you find all sources of payment and insurance coverage.
2. What should I know about the responsible party’s insurance company after an automobile accident?
You should understand that you are not on an equal playing field when dealing with an insurance company following an accident. Insurance companies are skilled at accident investigation and claims practice. These claims adjusters work for the responsible party. They do not represent you. Do not give a statement of any kind or sign a release before you have spoken to an automobile accident attorney.
3. Is an investigation needed in an automobile accident case?
Absolutely. In most situations, an insurance company will perform an investigation immediately after the accident. This puts injured people at a disadvantage. It is important that you retain an experienced automobile accident attorney who has the resources to immediately investigate the case. We have consulting accident investigators and engineers who we utilize when needed.
4. Should I release my medical records to the insurance adjuster?
Definitely not. Releases should only be signed under limited circumstances and only after consulting with an automobile injury lawyer. Remember that the insurance adjuster is not your advocate. Do not give statements or sign any releases before consulting a personal injury lawyer at Sanders, Bruin, Coll & Worley, P.A.
5. What damages can be recovered in an automobile accident injury or death case?
An injured person may be entitled to recover all of his or her past and future medical expenses; past and future loss of income; past and future pain, suffering, and emotional distress. In some cases, punitive damages may be awarded to punish the defendant.
6. How much money is my New Mexico automobile accident case worth?
Your case is worth either what you agree with the insurance company it’s worth or the amount of a cash awarded by a judge and jury. We examine all of the conditions surrounding your case in order to arrive at a figure that we believe the insurance company must pay for your injuries. Generally, the dollar value is dependent upon the type and extent of your injuries. Other factors influencing the dollar value of your case are the amount of medical bills, length of treatment, frequency of treatment, future medical bills, permanent disabilities and any other damage that can be documented. We study every detail so that we can get you the money you deserve for your injuries.
7. How long will it take to get a fair and reasonable settlement offer?
A case can vary in length from weeks, months, to even years in some instances. Typically, you will get paid after you have healed from our injuries and have been released by the doctor. This is the best way you can be assured of receiving full compensation for your injuries. We want you to get this compensation for your injuries, so we wait until treatment is completed before telling the insurance company how much your case is worth. While we wait for your treatment to be completed, we gather information that increases the value of your case. We constantly do everything we can to move your case forward toward settlement.
8. Will I have to go to court?
If the insurance company agrees to pay what we believe your case is worth and you wish to settle for that amount, then your case will not go to court. This is what happens in most situations. Some cases do require a trial proceeding. In either situation, hiring a law firm like Sanders, Bruin, Coll & Worley, P.A. with experience in handling personal injury cases is critical. We prepare all of our cases as if they are going to court and this is the very reason why most of our cases get settled. We are always prepared and our preparation allows us to negotiate from a position of strength, helping you get the maximum award for your injuries. We cannot settle any case without the client’s consent. You will be the one who ultimately decides whether to settle or go to court. No lawsuit will be filed without your consent. We will, of course, counsel you and make our recommendations, but you will make the final decisions.
9. Is an attorney necessary to litigate an automobile accident case?
Absolutely. An automobile injury victim will need to retain an attorney to establish liability against anyone potentially at fault and help maximize your recovery. This may involve filing a lawsuit. The insurance company will have its own lawyers to represent the responsible party. Their job is to prevent or limit your recovery.
10. Who can file a lawsuit in a automobile accident causing injury or death case?
Anyone who is injured or has had a family member killed in an accident can file a lawsuit. This includes adults and children by way of their guardian.
11. Who would normally be sued in a automobile accident case?
Anyone who was at fault for the accident. This might include the driver and/or the owner of the vehicle. It is not uncommon for multiple people or companies to be at fault.
12. What does your law firm charge for legal fees?
You pay nothing unless and until we recover money for you. Our fee is a percentage of the recovery.
13. How much time do I have in which to bring an automobile accident claim?
The time in which to bring a claim is governed by what is called the “statute of limitations”. The statute of limitations governs the length of time one has to file a lawsuit. After the statute of limitations has run, a person is forever precluded from bringing such a claim. In some cases, the statute of limitations may only be one year. In other circumstances, it might be three years. Many factors determine the applicable period of time. For this very reason, an individual who believes that he or she has an automobile case, should contact an experienced attorney at Sanders, Bruin, Coll & Worley, P.A. as soon as possible.
