Personal Injury
A personal injury claim in New Mexico is a legal action brought by an individual (the plaintiff) who has been injured as a result of the negligent, reckless or intentional conduct of another (the defendant). The goal of a personal injury claim is to seek compensation for the physical, emotional, and financial harm suffered due to the defendant’s actions and to deter similar conduct in the future.
Key Elements of a Personal Injury Case
Duty concerns whether the defendant (the party being sued) had a legal obligation to act in a manner that would prevent harm to others. This duty varies depending on the situation. For example, a driver has a duty to operate their vehicle safely, and a property owner has a duty to maintain their property in a safe condition for visitors.
The defendant must have failed to meet the standard of care required by law. For example, if a driver runs a red light, they breach their duty of care to other road users. If a property owner fails to repair a dangerous condition (like a broken staircase), that could also be a breach of duty.
The breach of duty must have directly caused the plaintiff’s injuries. The plaintiff must show that the defendant’s actions (or failures to act) were a direct cause of their harm. This includes proving that the injury would not have occurred “but for” the defendant’s behavior.
The plaintiff must have sustained actual harm or losses due to the defendant’s actions. Damages can include physical injuries (like broken bones or cuts), emotional distress (like anxiety or depression), and financial losses (such as medical bills, lost wages, and diminished earning capacity). The plaintiff must prove that they have suffered measurable damages as a result of the injury.
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Andy Scholl
We are New Mexico attorneys. We were trained in New Mexico, we are only licensed to practice law in New Mexico, and we are proud to represent the people of New Mexico.
Lauren Hund, JD, PhD
Types of Personal Injury Cases in New Mexico
Premises Liability
Medical Malpractice
Nursing Home Negligence
Workplace Accidents
Car Accidents
Comparative Fault Rule in New Mexico
New Mexico follows a comparative fault rule, meaning that the court will assess the degree of fault of all parties involved in the incident. Even if the plaintiff is partially at fault for the accident, they may still recover damages. However, their compensation will be reduced in proportion to their percentage of fault. For example, if the plaintiff is found to be 20% at fault for an accident, their damages award would be reduced by 20%.
Statute of Limitations
In New Mexico, the statute of limitations for most personal injury claims is generally three years from the date of the injury or accident for claims against individuals who are privately employed and two years for government-employed individuals or government-affiliated hospitals or clinics. If the lawsuit is not filed within the statute of limitations, the plaintiff may lose the right to seek compensation. There are some exceptions to this rule, depending on the nature of the case (e.g., cases involving minors or government entities have have different timelines). Additionally, claims against the government often have very short windows for providing notice of the claim to the governmental entity (such as six months or less). It takes time to gather the information needed to bring a claim, and it is always best to speak with an attorney as soon as possible.
Damages in Personal Injury Claims
Damages in personal injury claims are typically divided into two categories:
Economic damages: These are tangible, quantifiable losses that you can calculate, such as:
- Medical expenses (past and future)
- Lost wages (past and future)
- Property damage (e.g., car repairs)
Non-economic damages: These are subjective, less tangible losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship (in wrongful death cases)
Loss of consortium: In certain cases, a loved one can recover for the damage to their relationship caused by an injury to their spouse, minor child, or mutually dependent companion.
Punitive Damages: In certain cases, if the defendant’s actions were particularly reckless, malicious, or egregious, punitive damages may also be awarded. These are designed to punish the defendant and deter similar conduct in the future, though they are less common than compensatory damages.
Damages in Personal Injury Claims
How a Personal Injury Claim Works in New Mexico
- Pre-litigation: After you meet with an attorney, the attorney will typically gather a lot of information about you and your claim. In some instances, the attorney may seek to negotiate with the defendant’s attorney or insurer prior to filing a lawsuit.
- Filing the claim: The injured party (plaintiff) files a lawsuit against the party responsible for the injury (defendant).
- Discovery: Both sides exchange evidence and information. This may include medical records, witness statements, expert testimony, and other documents. There are different types of discovery, including written requests to the parties, and depositions which is oral testimony taken under oath.
- Negotiation: Many personal injury claims are settled out of court through negotiation. The plaintiff may receive a settlement offer, which is typically less than the amount a jury might award, but can resolve the case more quickly.
- Trial: If a settlement cannot be reached, the case will go to trial. The plaintiff The plaintiff must present evidence to prove their case. The jury (or judge in a bench trial) will determine fault and damages.
Conclusion
A personal injury claim in New Mexico is a legal process that allows individuals injured by another’s negligence or wrongful act to seek compensation for their losses. The elements of duty, breach, causation, and damages are essential to proving the claim. Working with an experienced personal injury attorney can help navigate the complexities of the legal system and ensure that the injured party receives fair compensation.
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