Car Accident Lawyers in Hobbs, NM

Why Choose Kemmy Law Firm?

There are many respectable auto accident lawyers in Hobbs, NM, but when you hire Kemmy Law Firm, you get something unique.

We are not a Mega Law firm with lawyers who focus on billable hours and compete amongst themselves. We are family-owned and -operated. We treat each other with compassion and respect at all times, and we extend that to our clients. When you come here, you are part of the family.

We prioritize quality over quantity.

We intentionally limit our caseload to ensure every case we take on receives our full attention.

We know that taking on too many cases is a common problem in the legal industry. It forces lawyers to squeeze their cases into one-size-fits-all solutions. Instead, we thoroughly investigate every car accident case we handle and strive to obtain the best possible results based on the unique circumstances.

While we are fierce negotiators, we recognize that car accident settlements are not always available or the best option. That is why we have honed our trial and litigation skills to ensure we are ready to take auto accident claims to trial and win.

Car Accidents We Handle in Hobbs, NM

When it comes to auto accidents in Hobbs, we have seen it all. From severe rear-end collisions to multi-vehicle pileups on the highway, we have the experience you need to aggressively pursue compensation.

Some of the most common types of car accidents we handle include:

• Rear-End Collisions
• Head-On Collisions
• Side Impact “T-Bone” Collisions
• Sideswipe Accidents
• Left-Turn Accidents
• Right-Turn Accidents
• Car-Truck Collisions
• Car-Motorcycle Collisions
• Car-Pedestrian Accidents
• Blind Spot Accidents
• Leave the Road Accidents
• Rollover Car Accidents
• Hit-and-Run Accidents

The type of collision you were involved in may be obvious, but the underlying cause may not. The purpose of hiring a car accident attorney in Hobbs, NM is to find out what happened, why, and who is liable.

As seasoned car accident attorneys in the area, we have extensive experience investigating wrecks and uncovering what happened. We also are familiar with the nuances and complications of these different types of accidents, which can help us identify what went wrong and build you a strong claim for compensation.

We Will Evaluate Your Car Accident Injuries

When you are involved in a serious crash, you might sustain all kinds of injuries. Whether you were diagnosed with whiplash and a concussion, or are dealing with a complete spinal cord injury, we are here to fight for the compensation you need.

Common car accident injuries include:

• Broken bones
• Dislocated joints
• Strained tendons
• Sprained muscles and ligaments
• Face and dental injuries
• Lacerations
• Traumatic brain injuries
• Neck and back injuries
• Whiplash
• Spinal cord injuries
• Paralysis
• Crush injuries
• Amputation
• Nerve damage
• Burn injuries
• Vision loss
• Post-traumatic stress disorder

Following a car crash, we recommend you see a doctor as soon as you recognize that you may be injured.

But, do not forgo going to a doctor because you think you may have waited too long. If you are experience headaches or neck pain after an accident, go to a doctor immediately. Neck pain, stiffness, reduced mobility, dizziness, and headaches after an accident may be signs of whiplash, soft tissue injuries, head injuries, and more.

Going to a doctor as soon as possible ensures your injuries are diagnosed and treated right away. It also provides grounds for an additional diagnosis if you keep experiencing pain and other symptoms in the days or weeks following the crash.

Your accident lawyer also needs you to have comprehensive medical records after a crash. We also may recommend you take daily pictures of any visible injuries while you recover and keep a journal of your pain, discomfort, and distress. All of this will help establish the extent of your injuries and the full value of your claim.

Fatal Car Accidents in Hobbs, NM

If your loved one passed away immediately in a crash or succumbed to their injuries days, weeks, or months later, we are here to help.  It is extremely important in these circumstances that a thorough investigation of the fatal collision be done as soon as possible.

We are experienced investigators that you can depend upon to uncover the facts of your case.

Our Car Accident Lawyers Will Identify Who’s Responsible

To recover car accident compensation, you must have evidence to prove who was responsible for the crash. Typically, the at-fault driver is the person who was careless or reckless while behind the wheel.

Common forms of motorist negligence include:

• Distracted driving
• Driving impaired by alcohol, drugs, or both
• Drowsy driving
• Speeding
• Running a red light or stop sign
• Failing to yield the right of way
• Improperly changing lanes or merging
• Tailgating

After a collision, we will collect all of the evidence available, including the police report, photos, any video footage, and eyewitness statements. We will look into the other driver’s background to determine if they had ever caused an accident before or been ticketed for traffic violations. A poor driving record may help us establish the driver’s negligence.

Depending on the complexity of the crash, we may hire an engineer or accident reconstruction expert to determine what happened in the moments leading up to the crash. This type of expert may be able to devise each vehicle’s speed, direction, and braking or maneuvers in the seconds before the collision.

It may be obvious which driver is responsible. Or, the fault may not be clear. If the other driver claims you are at fault, we will carefully review these allegations. New Mexico has a “comparative negligence” law that prohibits you from receiving compensation if a jury determines that you are more than half at fault for the collision. Similarly, if a jury decides that you less than 50% at fault, then New Mexico law reduces your verdict by the percentage of fault the jury places on you.

Sometimes defendants use this law to try to escape liability by saying the injured party was completely or partially at fault for the wreck. Our litigation approach, which includes a full investigation, puts our clients in the best position possible to defend against these allegations. And even in cases where our clients bear some responsibility, our firm is able to obtain fair compensation for them.

Car Accident Compensation

After getting hurt in a car crash because of someone else’s careless or reckless conduct, talk with Kemmy Law Firm about a settlement or court award.

We will fight hard for you to receive compensation for your past and future:

• Medical Expenses
• Lost Wages
• Physical Pain and Suffering
• Emotional Distress
• Scarring and Disfigurement
• Disability
• Reduced Earning Potential
• Reduced Quality of Life

Another possible type of compensation is punitive damages, also known as exemplary damages. These are not allowed in every case. To obtain punitive damages, we must establish that the at-fault driver acted intentionally, maliciously, or recklessly.

To obtain any damages, whether compensatory or punitive, you must first establish the other party’s negligence or gross negligence. Your economic damages, like medical expenses and lost wages, can be documented with pay records, bills, and receipts.

Of course, economic damages are not the only kinds of losses that victims of car accidents suffer. Accident victims suffer non-economic damages as well, like pain and suffering. However, unlike economic losses, non-economic damages do not show up on receipts or bills, and so they can be more challenging to establish.

To prove your non-economic damages, we may ask you to take pictures of your visible injuries each day while you recover and to keep a daily journal regarding your pain and discomfort levels and the other consequences of the car accident injuries. If we take your case to trial, we want to be able to show the jury how these injuries have impacted you and your family’s daily lives and future.

We Will Handle Your NM Car Accident Claim

To recover compensation for car accident injuries, you must establish the other driver was negligent. Every driver on the road is required by law to act as a reasonably prudent person would under the same or similar circumstances and to adhere to the rules of the road. When the driver violates a traffic law or fails to act reasonably, and this causes a collision, they are negligent.

You will either establish the other party’s negligence with their insurance company or in court. We can guide you through the entire car accident claim process, including:

• An Investigation: The other driver and their insurance will investigate the crash. You should not rely on their findings because they are not focused on your best interests. You will benefit from retaining a car accident lawyer who will perform an independent and in-depth investigation of what happened, why, and who was at fault.
• Calculating Damages: Before you can consider accepting an insurance settlement offer or demanding a certain amount of compensation in court, you need to know the value of your damages. The best way to obtain a candid valuation of your claim is by working with an attorney.
• The Insurance Claim: After a collision, you need to provide notice of your claim to the at-fault driver’s insurer as soon as possible. After this, you will have to communicate with the insurer to provide proof of their policyholder’s fault and your injuries. Dealing with an insurance adjuster can be tough, though. We recommend retaining an insurance claim lawyer to handle communications with the insurer and to protect your rights.
• Filing Suit: Litigation is intimidating for people not used to being inside a courtroom. But at Kemmy Law Firm, we understand the advantages of filing a personal injury lawsuit after a crash. Through discovery, we can gain additional information to support your claim. We also show the insurance company we are serious about obtaining you compensation and are not afraid to go to trial.
• Settling or Going to Trial: After discovery is complete, we typically enter into settlement negotiations with the insurance company. If a settlement is unavailable, we continue to prepare for trial. At trial, we will present a convincing case to the jury and ask the jury to award you the maximum compensation possible.

New Mexico Insurance Requirements

All New Mexico drivers must carry auto insurance of at least:

• $25,000 for bodily injury or death of one person;
• $50,000 for bodily injury or death of two or more people; and
• $10,000 for property damage in one accident.

These are the minimum requirements. Drivers can maintain higher policy limits or additional types of insurance.

Also, bear in mind, if the driver is from out of state, they may have different minimum auto insurance requirements. For example, Texas’ minimum auto insurance requirements are $30,000/$60,000 for bodily injuries and $25,000 for property damage.

Third-Party Insurance Claims

If you file a claim against your own auto insurance for help with your property damage or injuries, this is known as a first-party insurance claim. You and your insurer are the first and second parties. When you file a claim against an at-fault driver’s insurance policy, this is a third-party claim.

Insurers owe their policyholders different duties than third parties. However, being a third party does not mean the insurer can treat you unfairly, lie to you, or wrongly deny your claim. If you believe an insurer is treating you unfairly or violating the law, call a car accident lawyer in Hobbs, NM right away.

Uninsured/Underinsured Drivers

You may get into an accident only to find out the at-fault driver does not have insurance or that their insurance policy limits are far lower than the value of your damages. Uninsured and underinsured drivers are all too common.

If you find the other driver is uninsured or underinsured, you can utilize your own uninsured/underinsured motorist (UM/UIM) coverage to recover compensation. Whether your UM/UIM policy covers property damage, your bodily injuries, or both depends on your specific policy.

If you have trouble obtaining coverage under your UM/UIM policy, talk with a car accident lawyer right away. You may have to file suit against your own insurer to obtain the coverage you have been paying for.

Property Damage and Totaled Vehicles in NM

Your property damage claim is separate from your bodily injury claim. When the collision damages or totaled your vehicle, talk with an accident lawyer about how to be fully reimbursed for the cost of repairing or replacing your car.

Whether or not your vehicle is deemed a total loss is a question for the insurance company, usually. If you disagree with the assessment, talk with your attorney about why.

The more common dispute is the value of the totaled vehicle. In New Mexico, the insurance company is required to base this assessment on the actual cash value of your car in the current market. Typically, an insurer will conduct a market survey of comparable vehicles within your geographic area to determine the current market value.

If there is a problem with how the insurer valued your vehicle, we will fight for you to receive the highest possible payment for your car to ensure you can replace it with a safe and dependable vehicle.

We Take Car Accident Cases to Trial and Win

A majority of car accident injury claims are resolved through an insurance settlement. However, given the possibility that you may need to take the at-fault driver to court, either to gain leverage for settlement negotiations or to go to trial, you should work with an injury lawyer with extensive trial experience.

Retaining a accident lawyer who rarely, if ever, takes car crash claims to court, puts you at a distinct disadvantage compared to the insurance company.

At Kemmy Law Firm, we have the skills, resources, and knowledge necessary to present your claim before a jury. After decades of trying car accidents, we are confident in handling the voir dire process and presenting a case the jurors can relate to and empathize with.

We have a track record of success when it comes to taking car accident claims to trial in New Mexico. Do not hesitate to reach out and talk with us about how we have resolved cases similar to your own.

Related reading: Car Accident Resources in Hobbs