New Mexico Car Accident Lawyer

How Much Does a Car Accident Lawyer Cost in New Mexico?

Most New Mexico car accident lawyers work on contingency fees, which typically amount to 33-40% of your settlement. However, the exact percentage can vary based on an attorney's experience and your case's specifics, such as whether it goes to trial.

Contingency fees can be highly beneficial to injured individuals. Not only does a contingency agreement make quality legal representation accessible regardless of your financial situation, but your attorney will also be motivated to fight hard. They only get paid when you get paid. In most cases (but make sure to check with the attorney), they will also advance case expenses, like filing costs, expert witness fees, and others.

How to Hire a New Mexico Car Accident Attorney

Don't make the mistake of picking the first law firm you see on a billboard. A little research can pay off. Make sure to hire an attorney who has experience and a track record of successfully handling car accident claims. Look for someone who communicates clearly and has trial experience (even if your case likely settles).

During your free consultation, ask questions about the lawyer's experience with cases similar to yours and results achieved for past clients. And don't forget to clarify whether they work on contingency. Listen to your gut feeling, too. You may be spending a lot of time with your lawyer and will want to work with someone who is communicative and empathetic, and who openly answers your questions.

What Is the Average Car Accident Settlement in New Mexico?

No two car accident settlements are the same, as payouts depend on the extent of the victim's injuries and damages. However, research shows that car accident settlements typically range from $14,000 to $28,000, with some minor injury cases settling for $2,500 to $10,000. That said, for catastrophic injuries, the figure can be much higher, from $500,000 and upward.

Your specific settlement will depend on several factors, including medical expenses, lost wages, property damage, pain and suffering, and New Mexico's comparative fault rules. Unfortunately, insurers know that unrepresented victims typically settle for far less than their cases are worth, which is why having a seasoned advocate by your side is crucial for recovering what you need and deserve.

Filing a Car Accident Lawsuit in New Mexico

New Mexico's legal system has specific requirements and deadlines that can make or break your car accident claim. Here's what to know:

• Deadline for filing a lawsuit. According to New Mexico law, you have 3 years from the accident date to file a personal injury lawsuit. But waiting too long could damage your case as evidence disappears.
• New Mexico comparative fault rule. New Mexico follows a "pure comparative fault" rule, meaning you can recover damages even if you're 99% responsible. However, your compensation will be reduced by your fault percentage.
• Minimum insurance for car drivers. New Mexico requires drivers to carry liability insurance of $25,000 for bodily injury or death to one person in any accident, $50,000 for bodily injury to or death of two or more persons in any one accident, and $10,000 for injury to or destruction of property of others in any one accident.
• Police report. You must file a police report of the accident if damage exceeds $500, injuries occurred, or someone died.
• New Mexico damage caps. New Mexico generally has no caps on economic damages, and non-economic damages (pain and suffering) are only capped in specific medical malpractice cases.

How Does a Car Accident Lawsuit Work in New Mexico?

New Mexico car accident lawsuits follow a clear sequence. Once your attorney files the petition, the defendant has 30 days to respond. This typically results in a discovery phase where both sides exchange evidence and depose (interview) witnesses, which can take several months.

Most cases settle during this period, but if the parties can't agree on a resolution, a case will proceed to trial, where a judge or jury decides the outcome. Throughout this process, your car accident lawyer handles the legal aspects while you focus on recovery.

Types of Car Accident Cases in New Mexico

New Mexico roads see various accident scenarios, each with unique legal considerations:

• Rear-end collisions. Rear-end crashes are common on busy interstates like I-25 and I-40 through Albuquerque and Santa Fe.
• T-bone crashes. T-bone accidents may involve contested liability, requiring witness testimony or traffic camera footage to determine who had the right-of-way.
• Head-on collisions. While not as common as some other accident types, head-on crashes can involve substantial compensation for severe injuries or wrongful death.
• Drunk driving accidents. DUI crashes can involve both criminal charges and civil lawsuits, and could include punitive damages against the intoxicated driver.
• Commercial truck accidents. Crashes with trucks can be complex and involve multiple defendants, like the trucking company or a repair shop. They require specialized attorneys who understand federal regulations.

Special Considerations for Government Claims

If your accident involves a government vehicle or employee, special rules apply. Under the New Mexico Tort Claims Act, you must give notice within 90 days of the accident to a designated official for the public entity, and you only have two years to file your lawsuit against the defendants.

New Mexico Car Accident Statistics

According to TRIP, New Mexico traffic fatalities increased 31% over the past decade, despite dropping each year since 2021. Fatal and serious traffic crashes in New Mexico resulted in $10 billion in economic and quality-of-life costs in 2023. The New Mexico Department of Health reports that rural and mixed rural-urban counties have higher rates of motor vehicle traffic crash-related injury deaths, which may be due to a greater number of vehicle miles driven, limited policing of speed limits, and longer emergency response times.