How Does a Settlement Work for a Las Cruces Car Accident?
As the population of Las Cruces expands, so does the traffic. Recent construction projects to accommodate the influx of motorists have made navigating the city more challenging than ever, and accidents in Doña Ana county are on the rise. If you were in a Las Cruces auto accident, you might want to know more about the settlement process. A licensed attorney can help you navigate your case and get the most out of this agreement with the at-fault driver.How Do Insurance Companies Handle Fault in New Mexico?
New Mexico, like the majority of states, handles accident claims based on fault. Most drivers have fault insurance, which means that the at-fault driver must pay damages to the other motorist. If the responsible driver is insured, typically his or her insurance will pay damages to the other person. As the injured party, a Las Cruces car accident attorney can help you:
- Seek restitution from your insurance company, which will assess the claim and get in touch with the at-fault driver’s insurance.
- File a claim with the other driver’s insurance company.
- Take the at-fault driver to court via an injury lawsuit.
Depending on the extent of the accident and your injuries, the first two options are more common. However, they might have you asking, “How does a settlement work for a Las Cruces car accident?”How Do Lawyers Calculate Settlements?
After a Las Cruces auto accident, you might have questions about settlements. A settlement is an official agreement to resolve an injury case out of court. It almost always involves monetary compensation, which can be rendered in installments or as a one-time payment. Settlements are beneficial because they are resolved quicker than a trial and can benefit both parties in some way. Because each accident is different, there is no blanket settlement value. However, a general rule of thumb is that the more extreme the accident, the higher the settlement will be.
There are two significant categories your Las Cruces car accident attorney will consider when calculating your settlement value. They are special damages (economic) and general damages (non-economic). Special damages are the quantifiable expenses you have because of your injuries. These damages include, but are not limited to:
- Emergency room charges
- Doctor visits
- Lost wages
General damages, by contrast, refer to the unmeasurable effects of the accident, such as mental anguish and pain and suffering. These qualifiers vary for different people. For example, an elbow injury would likely affect a professional tennis player more extremely than it would a teacher.
There is no simple formula for determining a settlement, which is why the insight of an experienced attorney is helpful. He or she will advocate for you with both the insurance companies and the at-fault driverWhat Is the Appeal of a Settlement?
Now that you know more about how settlements work, you might be wondering if one is worth pursuing. The answer is simple: it is, and you don’t have to do it alone. Our lawyers want to help you in this process because we understand the questions that are likely running through your mind right now:
- Who will pay for your injuries and medical care?
- Who will cover your recovery time lost from work?
- Who will pay to repair your car?
You shouldn’t have to manage these costs after a Las Cruces auto accident. The at-fault party should step up, and the Carabin Shaw team is here to make sure he or she does.Connect with an Attorney Today
If you’re looking for an auto accident attorney in Las Cruces, you should contact Carabin Shaw today. When you secure our representation, know that you are getting the best possible help with your settlement. We offer first-time clients a free initial consultation. During this time, we will listen to you and answer any questions you might have.
To reach our Las Cruces area office, dial 915-779-2301 or toll-free at 1-800-862-1260.