Conflict of Interest in New Mexico Car Accident Cases

Have you or someone you know been in an accident with multiple passengers in the vehicle? While each passenger has a legal right to their own attorney, oftentimes multiple victims from the same accident will hire the same attorney. In the State of New Mexico, this type of representation is allowed, but care must be taken to not establish a conflict of interest.

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What Is "Conflict of Interest" & How Does It Affect Car Accident Cases Under New Mexico Law?

A conflict of interest arises when an attorney or law firm represents more than one individual with competing interests. For instance, in a car accident, two passengers may have different injuries and may recover differently. When an insurance company is responsible for paying the damages to the parties a possible conflict of interest may exist.

Fortunately, parties of the same accident represented by the same attorney or law firm can sign a waiver of conflict of interest. Such a waiver seeks acknowledgment from the parties that an actual or potential conflict exists and that they wish to continue representation by the same attorney or law firm. See an example of such a waiver here.

There are certainly advantages for multiple victims having the same attorney or law firm for representation including: familiarity with the case, parties being united seeking recovery, convenience, etc.

If you have questions or would like to discuss your claim with our Albuquerque auto accident lawyer, contact Keller & Keller at 1-800-2-KELLER.