Like other states,New Mexico has a set of complex rules that guide how to deal with personal injury cases. The victim of the accident must ensure certain elements exist before filing a lawsuit. Understanding different rules and regulations adopted in personal injury cases are the first essential things needed to establish a strong claim for compensation. In addition,the rules may differ from the rules applied in other states,thus you need a personal injury lawyer who has first-hand experience of dealing with a case such as yours in the state of New Mexico. This article explains some New Mexico injury laws to know as you plan to bring a case against those who caused your injuries.
What Damages Can One Expect?
Your sue for an injury will advise you on which damages you can claim based on the nature of the accident. Typically,the damages may include future earnings,medical bills,pain and suffering and in extreme cases death.
What is Fault?
The state of New Mexico is fault state in that it determines awards to victims of negligence. This means that if you can prove negligence and that such negligence caused injuries,then you will successfully prove fault. Any person who acts negligently and whose act or omission leads to an injury will be found to have been at fault. However,New Mexico adopts a modified negligence rule in which the fault is considered from both parties.
Liability and Negligence in New Mexico
â¢ Strict liability: It applies in cases where manufacturers of a defective or harmful product may be sued for injuries caused to the consumer.
â¢ Joint Liability: If two or more people (here referred to as defendants) caused the accident,then the persons responsible will be proportionally liable for any damages.
â¢ Contributory Negligence
â¢ Mexico adopts a pure comparative fault. Under this rule,victims of negligence may recover damages based on percentage of fault provided the proportion of the fault is less than 99%.
â¢ Owner Liability for Dog bites
New Mexico does not have an express statute regarding personal injuries arising from dog bites. Owners of dogs will be held liable for the injuries is the victim is able to demonstrate that the owner ought to have known that his or her dog was dangerous. This is what has come to be commonly known as a one-bite rule.
What are the Limits of Damage in New Mexico?
Like many states,New Mexico has set up caps when it comes to damages that one may claim in certain personal injury cases such as medical malpractice lawsuits. In such cases,the maximum limit of damages is set at $600,000. However,this limit does not include past and future costs for medical care or punitive damages.
Contact a reliable lawyer to help you navigate the murky waters of filing a personal injury lawsuit today.