Most personal injury claims must be filed within three years in New Mexico, but some laws require taking legal action in as little as 90 days. New Mexico’s high rate of uninsured drivers may mean that you need to know what to do if one of them causes the accident. Thanks to New Mexico’s comparative negligence law, you can still recover compensation even if you are found partly at fault for an accident.
These are the types of rules that the winning personal injury attorneys at Monge & Associates have a strong command over. If you were hurt in Albuquerque, we handle your claim while you focus on healing. Our Albuquerque personal injury lawyers combine deep knowledge of New Mexico law with a passionate commitment to fighting for injury victims’ rights. We WIN BIG. Call us today at (505) 405-8398 to find out how much your case is really worth!
Table of Contents
How Long Do You Have to File an Injury Claim in New Mexico?
What Is an Albuquerque Personal Injury Claim Worth?
Is There a Cap on What You Can Recover in a New Mexico Personal Injury Case?
Who Pays When More Than One Party Contributed to the Accident?
Can You Still Recover If the Accident Was Partly Your Fault?
You Don’t Pay Unless We Win
What Kind of Accident Were You In?
Where Your Albuquerque Injury Case Would Be Filed
Why Injured Albuquerque Residents Choose Monge & Associates
FAQs
Is There a Cap on What You Can Recover in a New Mexico Personal Injury Case?
What Is My Albuquerque Injury Case Worth?
What Should I Not Say to the Insurance Adjuster?
What Is the Statute of Limitations in New Mexico?
What If the Accident Was Partly My Fault?
How Much Do Personal Injury Lawyers Charge in Albuquerque?
What If the Driver Who Hit Me Had No Insurance?
What Is the Hardest Injury to Prove?
How Long Will My Case Take?
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How Long Do You Have to File an Injury Claim in New Mexico?
Most New Mexico personal injury claims must be filed within three years of the date of the injury, under NMSA §37-1-8. While three years is the general rule, there are special rules, depending on the type of case and the parties involved.
|
Claim type |
Deadline |
Runs from |
Statute |
|---|---|---|---|
|
Personal injury |
3 years |
Date of injury | |
|
Wrongful death |
3 years |
Date of death | |
|
Injured child |
1 year after the incapacity ends |
End of incapacity |
Some special things to know about these rules include the following:
- Wrongful death claims run from the date of death, not the date of injury, so when someone survives an injury for months, the clock to file a wrongful death lawsuit does not begin until the victim dies.
- Claims against a city, county, school district, or state agency are subject to a strict 90-day notice deadline. If you miss it, your claim can be barred.
Find out what filing deadline applies to your case by contacting an experienced personal injury lawyer from Monge & Associates.
What Is an Albuquerque Personal Injury Claim Worth?
Anyone quoting a figure before viewing your medical records or an accident report is guessing because there is no average settlement for an Albuquerque personal injury case. The potential value of your case depends on the damages that you suffered and can prove, as well as factors specific to your case.
Damages are divided into economic and non-economic damages. Economic damages cause direct financial losses, while non-economic damages are more difficult to quantify but still represent losses that accident victims incur. Examples of damages that you might be able to recover compensation for in a New Mexico personal injury claim include the following:
|
Category |
What it covers |
What proves it |
|---|---|---|
|
Medical costs |
Emergency care, surgery, imaging, therapy, and future medical expenses |
Billing records and a treating physician’s opinion on future care |
|
Lost income |
Wages already missed and reduced earning capacity going forward |
Pay records, employer statements, and vocational assessment where capacity is affected |
|
Pain and suffering |
Physical pain and the difference in the quality of life that the victim will have vs. what their life was like before the accident |
Treatment history and testimony from people who knew the claimant before the accident |
|
Property damage |
Vehicle repair or replacement and personal property destroyed |
Repair estimates and valuation |
The insurance coverage available, the parties involved in the case, and how fault is apportioned between the parties can affect how much financial compensation you can receive.
Is There a Cap on What You Can Recover in a New Mexico Personal Injury Case?
New Mexico imposes no statutory cap on damages in ordinary personal injury cases, including on economic or non-economic damages. However, damage caps can apply to medical malpractice cases or those involving the government.
New Mexico juries are instructed that punitive damages are only awarded in cases in which they find that the defendant’s actions were “malicious, willful, reckless, wanton, fraudulent, or in bad faith.”
Who Pays When More Than One Party Contributed to the Accident?
In most cases, each defendant in New Mexico pays only for its own share of fault, as joint and several liability was abolished in the state per NMSA §41-3A-1. This could mean that if two parties are found 50% at fault for an accident and one has no insurance or assets, the practical reality is that the accident victim might only be able to recover 50% of their losses. However, there are exceptions to this harsh outcome where the law can make either defendant fully responsible for the damages, including:
- The defendant acted intentionally to inflict injury or damage
- When one party is vicariously liable for the acts of the other, but only to the portion of the total liability attributed to the other
- When one party is strictly liable for the manufacture and sale of a defective product, but only to the portion of the total liability attributed to the other
- When public policy supports it
Recovering full and fair compensation often comes down to identifying all responsible parties, legal theories, and sources of compensation, including your own uninsured motorist coverage. At Monge & Associates, this is one of the key ways that we WIN BIG.
Can You Still Recover If the Accident Was Partly Your Fault?
Yes. New Mexico is a pure comparative negligence state, meaning your share of fault reduces what you recover but doesn’t bar it.
This system was established in the case Scott v. Rizzo, 634 P.2d 1234(1981), which held that a pure comparative negligence system would supersede any prior law in New Mexico and was a better system than others that would not unjustly benefit accident victims. Unlike other states that bar financial recovery if the victim was more than 50% or 51% responsible for the accident, New Mexico has no such bar at any percentage. Therefore, even if you are 99% at fault for an accident, you can still pursue compensation.
However, the compensation you are awarded is reduced by your degree of fault. Therefore, if you are 99% at fault, you would only stand to recover 1%. If you suffered $100,000 in damages and are found 20% at fault, you can recover $80,000.
Insurance companies try to take advantage of this rule by pushing as much blame on the victim as they can, since, if successful, this can reduce the insurance company’s financial liability. Our experienced personal injury attorneys anticipate these insurance tactics and counter them with strong evidence and legal arguments.
You Don’t Pay Unless We Win
At Monge & Associates, there is no fee unless there is a recovery. We know that you are going through a lot, so we alleviate this burden by handling your case on a contingency fee basis.
Types of Accident Cases We Handle
At Monge & Associates, we help those who have been injured due to someone else’s fault. We regularly handle cases involving:
- Car crash claims: We can help you obtain your Albuquerque Police Department crash report and identify who is responsible for paying your damages.
- Truck collision claims: Federal Motor Carrier Safety Administration (FMCSA) regulations, electronic logging data that is overwritten on a schedule, and multiple potentially liable parties make truck accident cases more complicated than other MVA cases.
- Motorcycle wreck claims: Serious motorcycle accidents on I-40 and I-25 can leave motorcyclists with devastating injuries, including traumatic brain injuries, spinal cord injuries, and degloving. We fight to hold the at-fault party responsible for the full extent of your damages.
- Pedestrian accident claims: Driver inattentiveness, distraction, and disrespect for other road users can lead to serious and fatal pedestrian accidents. Let our personal injury firm fight for the justice you deserve.
- Premises liability claims: Many businesses have security cameras, but this surveillance footage can be overwritten in days without early legal intervention. Let us secure it before it is.
- Drunk driving claims: Due to the high rate of drunk driving accidents in the state, you are at an increased risk of harm. We seek to hold drunk drivers and negligent bars and restaurants responsible for these avoidable crashes.
- Wrongful death claims: A court-appointed personal representative can file a wrongful death claim on behalf of your family if you lost a loved one due to someone else’s negligence. We can help pursue compensation and justice on your behalf.
Where Your Albuquerque Injury Case Would Be Filed
Most Albuquerque personal injury cases are filed at the Second Judicial District Court for Bernalillo County. It is located at 400 Lomas NW, NM 87102.
The United States District Court for the District of New Mexico hears cases removed to federal court and cases against federal defendants. This often happens when the case involves people who reside in different states.
Why Injured Albuquerque Residents Choose Monge & Associates
Monge & Associates is known for winning big. Since 1993, our personal injury law firm has helped thousands of injured people secure billions of dollars in jury verdicts and settlements. When the stakes are high, you need a winning legal team that can help build a strong case.
Some of the awards and accolades that our personal injury law firm has received during our years of legal service include:
- Trial Magazine: One of the Most Influential Law Firms in America
- American Institute of Trial Lawyers: Best Law Firm
- Avvo: Highest rating on the national attorney rating service
- Google: Highest rating among law firms with more than 200 members
Our nationally recognized and winning personal injury attorneys have developed a strong reputation for themselves in the legal community. We are a state bar-approved mentor and featured speakers at various national lawyer events attended by lawyers throughout the country. We have also been featured on various TV networks, including ABC, NBC, CBS, CNN, and FOX.
Additionally, we use a collaborative approach, so you benefit from the combined knowledge and experience of our entire team.
Most important to us are our satisfied clients. We have thousands of five-star reviews. Here is just a quick sampling of some of the feedback our past clients in Albuquerque have given us:
- “Ellie was professional and expressed true understanding of our experience”
- “Professional and caring!”
- “Katrina was very friendly and knowledgeable with assisting me.”
- “Luis was very knowledgeable and professional in guiding me through the process.”
- “Very professional and pleasant and helpful.”
Our law firm handles all of the details and manages your case from start to finish. This gives you the space and time necessary to heal. Contact us today for a free consultation.
Free ConsultationOver $1 Billion WonThousands of Five Star Reviews
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FAQs
Is There a Cap on What You Can Recover in a New Mexico Personal Injury Case?
New Mexico does not impose damage caps on most personal injury cases. However, caps do apply in cases against the government and medical malpractice cases.
What Is My Albuquerque Injury Case Worth?
Every personal injury case is different. The potential compensation you can recover can be affected by factors such as:
- The nature and severity of your injuries
- The type of accident you were injured in
- Who was responsible for your injuries and their insurance coverage
- The extent of your pain and suffering
- How the accident affects your daily living and quality of life
Call us today to find out what your case might be worth.
What Should I Not Say to the Insurance Adjuster?
You shouldn’t say anything to an insurance adjuster. Your personal injury attorney can handle communications with insurance companies on your behalf and protect your legal rights.
What Is the Statute of Limitations in New Mexico?
The general statute of limitations in New Mexico is three years, but there are exceptions. For example, a claim against the government may require official notice within 90 days.
What If the Accident Was Partly My Fault?
Because New Mexico uses a pure comparative negligence system, you can still seek compensation if you were partly at fault for an accident so long as someone else is also responsible for it. Your compensation is reduced proportionately to your degree of fault.
How Much Do Personal Injury Lawyers Charge in Albuquerque?
Monge & Associates will meet or beat any competitor’s price, and there are never any fees or costs unless you win your case.
What If the Driver Who Hit Me Had No Insurance?
According to the Insurance Information Institute, New Mexico had the second-highest number of uninsured drivers in 2022, with 24.9% of all drivers (nearly a quarter) being uninsured. If an uninsured driver hits you, you may be able to file a claim under your uninsured motorist coverage or identify other parties responsible for the collision.
What Is the Hardest Injury to Prove?
The hardest injuries to prove are so-called “invisible injuries.” These are injuries where objective medical evidence or imaging studies may not be able to accurately prove the existence of the injury or its severity, such as soft tissue injuries (whiplash and sprains), mild traumatic brain injuries (like concussions), chronic pain conditions, or psychological trauma (such as PTSD). Working with a skilled lawyer and established law firm with a network of experts is critical to proving the seriousness of your injuries.
How Long Will My Case Take?
Some personal injury cases can be resolved within a few months, while others may take a year or longer. How long your case will take to resolve depends on the specific circumstances involved in your case, including how long it takes you to reach maximum medical improvement, the responsiveness of the insurance company, and whether your case goes to trial.
When you hire Monge & Associates, you can rest assured that we are in it to win it. We keep you informed of all updates in your case and work diligently toward a positive resolution.
Find Out What Your Case Is Really Worth
When an unexpected injury disrupts your life in Albuquerque, trust Monge & Associates to step in and defend your rights. Our lawyers have helped many New Mexico residents rebuild their lives after serious accidents. We will fight for maximum compensation while you concentrate on what matters most: your recovery. Whether you’ve been injured in Albuquerque or require the services of a personal injury attorney elsewhere in Bernalillo County, we can help. Contact us at (505) 405-8398 now to find out what your case is really worth.