Recovering Lost Wages After Car Accidents in New Mexico: What You Need to Know
Car accidents in New Mexico can have devastating consequences, not just for your health but also for your financial well-being. At The Law Offices of Kenneth G. Egan, we understand the stress and uncertainty that comes with being unable to work due to injuries sustained in an auto accident. If you’re wondering whether you can recover lost wages after a car accident in New Mexico, this guide is for you.
Understanding Lost Wages Claims in New Mexico
When you’re injured in a car accident that wasn’t your fault, you may be entitled to compensation for various damages, including lost wages. A lost wages claim aims to recover the income you would have earned had you not been injured and unable to work.
Types of Lost Wage Claims
- Temporary Lost Wages: Compensation for the period you were unable to work due to your injuries.
- Diminished Earning Capacity: If your injuries result in long-term disability affecting your ability to earn at the same level as before the accident.
- Lost Career Opportunities: Compensation for missed advancements or job opportunities due to your injuries.
Who Pays for Lost Wages in New Mexico Car Accidents?
In New Mexico, the at-fault party is typically responsible for compensating the injured victim. This compensation usually comes through the at-fault driver’s insurance company. However, if the insurance coverage is insufficient, you may need to consider filing a lawsuit to recover full compensation.
New Mexico’s Comparative Negligence Law
It’s important to note that New Mexico follows a “pure comparative negligence” rule. This means that even if you were partially at fault for the accident, you can still seek compensation. However, your recovery will be reduced by your percentage of fault. For example, if you’re found to be 20% at fault, you can still recover 80% of your damages.
Proving Your Lost Wages Claim
To successfully recover lost wages after serious car accidents in New Mexico, you’ll need to provide strong evidence. This typically includes:
- Medical Documentation: Proof of your injuries and how they prevent you from working.
- Employment Records: Pay stubs, tax returns, or a letter from your employer verifying your wages and time missed from work.
- Expert Testimony: For cases involving long-term disability or lost earning capacity, expert witnesses may be necessary to establish the extent of your losses.
The Importance of Timely Action
While focusing on your recovery is crucial, it’s equally important to act promptly in pursuing your lost wages claim. New Mexico has a statute of limitations for personal injury cases, including those arising from car accidents. Failing to file within this timeframe could result in losing your right to compensation.
How The Law Offices of Kenneth G. Egan Can Help
Getting through a lost wages claim after a car accident can be difficult. Insurance companies often try to minimize payouts, and calculating future lost earnings requires careful analysis. At The Law Offices of Kenneth G. Egan, we have the experience and expertise to:
- Accurately calculate your total lost wages, including future losses
- Gather and present compelling evidence to support your claim
- Negotiate with insurance companies on your behalf
- Represent you in court if a fair settlement cannot be reached
Don’t let the financial burden of lost wages add to the stress of your recovery. Contact our experienced team today for a free consultation. We’re here to fight for the compensation you deserve after car accidents in New Mexico.