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Is It Worth Suing After a Car Accident?


— April 21, 2022

It’s also worth mentioning that most personal injury claims are settled out of court before going to trial.


Deciding whether or not to sue can be difficult after a car accident in New Mexico. On the one hand, you might be encouraged by the possibility of recovering considerable amounts of money, as you can use this money to pay for your medical expenses, missed wages, and other expenses. On the other hand, the prospect of actually following through with a lawsuit can seem daunting. How long will it take? How stressful will it be? How much will it all cost? 

These are all important questions, and they’re probably best left answered by a legal professional, such as a car accident attorney. These legal professionals can help you understand the various factors associated with filing a lawsuit, including how much it might cost you in legal fees and how much you stand to receive in the form of a settlement. Based on these factors, you can make an informed decision on whether to go ahead with your lawsuit. 

New Mexico is a Tort State

The first thing you need to know is that New Mexico is a “tort state.” This means that if you want to recover compensation for your injuries, your only real choice is to file a lawsuit. In other “no-fault” states, victims can recover compensation simply by turning to their own insurance companies – without establishing fault. In New Mexico, you must prove that someone else was negligent in order to get a settlement. This means that filing a lawsuit is indeed worth it – and it might be the only way you can realistically pay for your medical expenses. 

Most Personal Injury Claims Do Not Go to Trial

It’s also worth mentioning that most personal injury claims are settled out of court before going to trial. This means that the trial you’ve been dreading is actually quite unlikely. Whether you’ve been hit by a semi-truck or you’ve been involved in a minor collision with a motorcyclist, you can recover compensation from the negligent party in the form of settlement – usually through the defendant’s insurance provider. This means that if all goes to plan, you should receive your compensation without going through a time-consuming, stressful, and costly trial. 

Think of the Benefits

Dept. of Defense Sends Medical Teams to Minnesota
Photo by Vidal Balielo Jr. from Pexels

In the end, only you can weigh up the pros and cons of this situation. However, you should consider the potential for settlement to pay for your medical expenses, missed wages, and non-economic damages. Settlements can be quite considerable, and these funds may a lawsuit well worth the effort. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the Albuquerque area for a qualified, experienced car accident attorney, look no further than the Law Office of Brian K. Branch. Over the years, we have helped numerous injured victims recover settlements, including those who have been involved in car accidents. If you’d like to determine whether or not a lawsuit is truly worth the effort, we can help you go through the various pros and cons during a consultation. Reach out today.

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