Frequently Asked Questions

What should I consider when hiring an attorney?

You wouldn’t make a large purchase without first evaluating your options. Shopping around for an attorney is the same. You should thoroughly research the attorney you're considering working with, as this person should not only have the right experience but be someone you trust and have faith in. Learn the 7 things to consider when hiring an auto accident attorney.

How much is my personal injury claim worth?

This may seem like a simple question, but the answer is complex. Just as no two collisions are exactly the same, each auto accident case is different. There is no simple formula to determine the value. You can learn about the factors that affect how much your car accident case is worth here.

How long will it take to resolve my claim?

The length of time it takes to resolve your auto injury claim depends on a variety of factors. Some claims are settled within a few months, while others take years of negotiation and even lawsuits to come to a conclusion.

Learn more

Do I need to hire an attorney after a car accident?

The answer depends on a variety of factors, including how the accident occurred, who was at fault, and if you were hurt as a result. If you weren’t hurt, then the answer may be no. If you were injured in the accident, then the answer is likely yes.

Some personal injury attorneys will provide you with a free consultation on your case, even if you don't end up hiring them. Doing so before speaking to an insurance adjuster may help you recover maximum compensation for your injuries and losses. We wrote an in-depth article that explains when you should hire a lawyer to represent your interests in car accident injury case.

Learn more

What should I do after a car accident?

The steps that you take immediately following the accident can affect your ability to receive fair compensation. We wrote an article that goes into full detail on what to do after a car accident.

Should I give a statement to the insurance companies?

You can notify your own insurance company of the accident; however, you have no obligation and it is in your best interest not to speak with the other driver’s insurance company.

Insurance adjusters will likely call you shortly after the accident occurs, as their goal is to minimize their liability as much as possible. Insurance adjusters are trained to ask specific questions in specific ways to try to point blame your way, even if you are not at fault.

Beyond this, you may not yet know if you are injured, due to the adrenaline pumping through your body after the accident. It is best to speak with an attorney first. Most personal injury attorneys offer no-cost consultations for car accident victims.

What is “shared” fault or comparative negligence?

Comparative negligence is also referred to as comparative fault or “shared” fault. In order to receive monetary compensation for your auto accident related injuries, you need to prove that the other driver was at fault or negligent.

New Mexico is a comparative negligence state, which means that a plaintiff may be held partially responsible for the collision and, therefore, for his or her associated injuries. New Mexico courts are legally required to apply the comparative negligence rule when there is comparative fault. This means that any financial award that you receive for your damages will be reduced by the percentage of fault that is assigned to you.

For example, if you were found to be 10% negligent, then your financial award will be reduced by 10%. Even if your case does not go to court, insurance adjusters may bring this up during settlement negotiations.

Can I hire any lawyer with a New Mexico license to work on my case?

Yes, you’re certainly able to hire any lawyer who is licensed in New Mexico.

It’s important to note, however, that not all attorneys have training, knowledge and experience in handling motor vehicle accident cases—especially not complex cases such as those involving broken bones, severe burns, or traumatic brain injury.

You may have a friend who works in contract law, an attorney who helped you through a divorce, or one who prepared your Last Will and Testament. These lawyers are likely great in those areas, but may not have sufficient experience with car accident cases to properly handle your auto injury claim. We recommend asking a few questions before hiring an attorney to take your case.

What if the driver who hit me doesn't have insurance?

Despite requiring that all drivers have a certain level of auto insurance, New Mexico ranks among the worst states for uninsured drivers—with more than 1 in 5 drivers in NM not having insurance. If you were hit by a driver who doesn’t have auto insurance, you still may be able to pursue compensation.

For example, if you have uninsured/under-insured motorist coverage (also referred to as UM/UIM coverage), you may be able to receive compensation from your own insurance company. A knowledgeable car accident lawyer can help to identify your options.

How can I obtain a copy of my traffic accident report?

In Albuquerque, you can obtain a copy of the police report by going to the Law Enforcement Center (400 Roma NW) between the hours of 7:00am-5:00pm Monday-Friday, or at any of the six substations in Albuquerque. Substations are typically open to the public from 8:00am-5:00pm, Monday-Friday. Click here for more information, including addresses, contact information, and opening hours for each substation. There is an associated cost of $0.25/page.

What is the statute of limitations in New Mexico?

To put simply, a “statute of limitations” means that there is a certain amount of time in which a lawsuit must be filed.

A statute of limitations is a state law and the deadlines vary depending upon the type of case. For an auto accident case, the time clock starts running on the day of the accident. In New Mexico, the statute of limitations for filing any injury lawsuit arising from a car accident is typically 3 years from the date of the injury.

However, in some scenarios, important deadlines arrive within only 90 days after the incident causing the injury. It is important to check with a personal injury attorney to ascertain what the deadlines are in your case.

Will I have to go to court?

Most of our cases are successfully resolved outside of the court room. However, if the insurance company’s offer amount is less than you deserve, we will recommend taking your case to court. If we are able to reach a fair settlement agreement—meaning the insurance company agrees to pay what you consider to be fair compensation—then your case will not go to court.

How much will I have to pay for you to represent me?

We offer a No-Fee Guarantee, which means there is no fee if we do not recover any financial compensation for you. Our fee is a percentage of the monetary recovery that we make for you. While most attorneys charge a starting fee of 33.3%, we offer a discounted fee. We attempt to eliminate unnecessary costs so that our clients retain as much of their settlement or award as possible.

Do you offer a free case evaluation?

Yes, we offer free consultations for motor vehicle accident victims and their families. At the end of our call, no fee is charged regardless of:

  • Whether or not the caller would like to retain Baskerville Law to represent them
  • Whether we can or cannot take the case for any reason, including current case volume

To get started, please call or text us at (505) 247-2774 or fill out our contact form and we'll respond to your request as soon as possible.

Free case evaluation