Taos Fatal Car Accident Lawyer

Taos Fatal Car Accident Attorney

Car accidents can be terrifying enough on their own before you even consider the possibility that somebody might have died. It can be overwhelming to try and handle taking legal action on your own following the death of a loved one in a car accident. The last thing you want in such a complicated situation is to be caught unprepared, as the other party will likely have their own lawyer. Instead, you should consider reaching out to a Taos fatal car accident lawyer.

A Fatal Car Accident Is Devastating

Every car accident has the potential to be catastrophic and devastating. They are terrifying situations that often result in severe trauma, both physically and mentally, and horrific injuries. The worst car accidents result in someone’s death, and that can be very difficult to move past. Nobody ever wants to find themselves in an accident where someone has died. A Toas car accident lawyer can help you make sure the right people are held accountable in civil court.

When you take legal action against the negligent party in a fatal car accident, you want to make sure you are fighting for all the damages you can possibly receive. This includes reimbursement for funeral expenses, pain and suffering, loss of future income, medical expenses, and emotional distress. Depending on the nature of the accident, you might even be awarded punitive damages by a jury who understands how devastating the situation was for you.

Statute of Limitations

Deciding whether to pursue legal action against the responsible party in a fatal car accident case is a big decision to make, and it shouldn’t be made lightly. If you ultimately decide that legal action is the route you want to take, it is vital that you pay attention to the state of New Mexico’s statute of limitations for personal injury claims, including wrongful death claims that arise from a fatal car accident. Generally, the state will give you three years from the date of your accident.

You will have three years to establish grounds for your claim, develop a strong enough case, gather the evidence you need, consult with a fatal car accident lawyer, and file a claim for compensatory damages. If you are not able to file your claim before three years have passed, there is a strong chance that your claim will be dismissed, and you will not be able to seek damages from your case after all.

Building a strong fatal car accident claim can take time, particularly because the stakes are so high for all parties involved. You may want to start building your case as soon as you can. Additionally, if you are concerned that your case might not be strong enough, you may want to bring what you already have to an experienced fatal car accident lawyer and see where you currently stand. You may have more than you expect.

What to Do After a Fatal Car Accident

In the aftermath of a car accident, learning that someone in your vehicle has been killed because of the accident could be one of the most devastatingly painful moments of your life. Even though you may be overwhelmed by trauma, it is still important that you take the proper steps to protect yourself and any accident claim you intend to make in the future.

Here are some important steps you can take:

• Keep calm. It might seem virtually impossible to remain calm after being in a car accident that left somebody dead. It can be hard to stay composed after a much less serious car accident. Still, it is vital to your case’s survival that you keep yourself as calm as possible and maintain a level head throughout this whole process.
• Call emergency services. You will want to call 911 as soon as you possibly can. If you are aware that somebody is either terribly injured or dead because of the accident, you should report that immediately. You will want law enforcement at the scene to take control of things, and you will want EMTs at the scene to check survivors for any injuries.
• Remain at the scene. As much as you may want to just take off and act like this never happened, that would be the worst decision you could possibly make. New Mexico state law requires anyone who is involved in a car accident to remain at the scene and report it to the proper authorities. Failure to do so could result in serious legal penalties for you.

Although these steps can increase chances for recovery after an accident, some accidents may result in the loss of a loved one. These tragedies are life-changing, but they also deserve legal attention. No matter the aftermath of an accident involving you or a loved one, you deserve the help of an experienced attorney.

Taos Fatal Car Accident FAQs

Q: Is New Mexico an At-Fault State for Car Accidents?

A: New Mexico is an at-fault state for car accidents. This means that the driver who is found to be responsible for causing the accident is also responsible for fully reimbursing the other driver for any damages. This includes medical bills, lost wages, property damage, emotional distress, and pain and suffering.

Q: What Is the Negligence Law in New Mexico?

A: When it comes to car accidents, New Mexico’s negligence law follows pure comparative negligence. This means that if you are found to be partially at fault for the accident, you can still pursue compensation. However, the amount you can pursue will be decreased by the percentage of which you are at fault for the accident.

Q: What Happens If the Person at Fault in an Accident Has No Insurance in New Mexico?

A: If you are involved in a car accident and the driver who is at fault turns out not to have any car insurance, there are still ways to seek compensation. If you carry uninsured motorist insurance, then you can simply seek reimbursement from your own insurance carrier. If you don’t have that, you should consider hiring a personal injury lawyer in Toas to take legal action against the driver.

Q: What Are the Four Conditions of Negligence?

A: When you are seeking compensatory damages in a car accident case, you are going to have to prove that the other driver’s negligent behavior caused the accident. To do that, you need to prove the four conditions of negligence, including a duty of care, a breach of that duty, the at-fault party caused the breach of duty, and the breach of duty resulting in damages. If you can prove these four elements, you can establish negligence.

Taos Fatal Car Accident Lawyer

At Berenson & Associates, PC, we know how hard this case can be for you. We are here to support you with legal advice and experience. Contact us to speak with a team member about your case.