New Mexico Personal Injury
If you suffer from a personal injury because of an accident in New Mexico that was caused by another party, then you might be entitled to receive monetary compensation. More specifically, compensation is intended to reimburse you for past and future medical expenses, past and future lost income, and pain and suffering damages.
Types of Personal Injury Cases in New Mexico
Personal injury as a legal term, depicts the mental, physical, and emotional harm to a person caused by another's negligent acts or conduct. The injuries at issue may be relatively minor, such as a contusion, sprain, or strain, or they may be extreme and severe, such as paralysis, permanent disability, or disfigurement. In fact, personal injuries can be as tragic as death. Note, though, that personal injury law does not afford any damages or form of recovery for personal or real property destruction, such as to cars or homes.
Personal injuries can happen in a variety of ways. Triggers for personal injuries often fall into one of these categories below:
- car accidents
- truck accidents
- auto defects
- aviation accidents
- motorcycle accidents
- bicycle accidents
- fires, burns, explosions, or electrocution injuries
- construction accidents and falls
- dangerous children's products
- catastrophic injuries
- animal attacks
- slips and falls
- oil field injuries
Or there may be other causal factors.
How Is Fault Determined in New Mexico Personal Injury Cases?
To collect monetary compensation in a personal injury case venued in New Mexico, a successful plaintiff must establish the defendant was negligent in conduct and/or acts. Negligence is legally demonstrated by showing the following prongs have been met:
- Duty. The party who caused harm or injury (defendant) had a legal duty or responsibility not to cause harm or injury to the plaintiff.
- Breach. The defendant failed to meet this legal duty or responsibility to the plaintiff.
- Causation. There is a causal connection or nexus between the defendant's conduct and the plaintiff's harm or injury.
- Damages. The plaintiff suffered damages, financial harm, or other form of loss because of the accident or injury that happened.
New Mexico Has Adopted the Pure Comparative Fault Rule in Negligence
Like 12 other states, New Mexico has adopted and follows the pure comparative fault rule with regard to negligence principles. Pursuant to this rule, an injured party may still recover if even if he or she is 99 percent at fault for his or her injuries. However, New Mexico judges and/or juries will most likely reduce a prevailing litigant's compensation by proportional degree of fault.
Whether you live in Albuquerque, Las Cruces, Santa Fe, Taos, Rio Rancho, Farmington, Roswell, or elsewhere in New Mexico, a personal injury attorney can probably assist you in evaluating, assessing, and determining legal remedies, alternatives, and potential recovery sources for your personal injury claim. Please note that time may be of the essence in making a claim, though. In most cases, initial consultations are provided free of charge to prospective clients.
Find a local New Mexico personal injury attorney today
A New Mexico personal injury lawyer can help evaluate your situation and explain your legal options. If the New Mexico personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.