What is the Negligence Law in New Mexico?

Many personal injury cases revolve around negligence as the factor that caused or led to the injury in question. While many states have different types of negligence laws as they pertain to personal injury cases, all of them have some form of comparative fault (which allows juries to allocate responsibility based on the circumstances surrounding the action that led to the injury), other states use comparative negligence as a way to determine who is at fault.

New Mexico is known as a Pure Comparative Negligence state. When it comes to negligence claims in New Mexico, fault and liability are considered by percentages based on unique circumstances of the event that caused the injury and the parties involved. For example, if you were in a car accident in Albuquerque, the liability for the accident may be split, where you are 20% at fault for the accident and the other driver is 80% at fault for the accident. This can affect your injury claim, depending on how you’re represented.

In This Article:

What Constitutes an Act of Negligence?

According to the Legal Information Institute at Cornell University, negligence is “the failure to behave with a level of care that a reasonable person would have exercised under the same circumstances.” This can apply to both a person’s actions or lack of action in a situation.

For example, a wrongful death claim may be filed due to a doctor’s or medical facility’s negligence with the patient and victim.

Negligence is often considered a base for personal injury law and doesn’t always have to be connected to medical malpractice. It can also be applied to various other situations, including car accidents, elder care, worker’s compensation, and premise liability.

How Do You Prove Negligence in Law?

Proving negligence can be difficult, depending on the circumstances of the injury. For most personal injury cases in New Mexico, there are four items that need to be detailed in order to file a claim that could potentially lead to successful recovery.

4 Elements Needed to Prove Negligence

1. Duty: Plaintiffs must prove that a legal duty was owed by the defendant. “Duty” could be as simple as an expectation of safe working conditions from an employing company.
2. Breach: Plaintiffs must show that a breach of the duty they described has occurred.
3. Cause: Plaintiffs mush show evidence that the breach of duty described has caused damages.
4. Harm: The total of the damages a plaintiff suffered due to the breach of duty.

While there are a lot of ways to build your negligence case with these four elements, it’s always best to consult a personal injury lawyer near you to gain a greater understanding of your rights during the legal process. Additionally, injury lawyers have experience with negligence claims, and they can help you cover all the details of the four elements needed to prove negligence. If you’re unsure whether or not you have a negligence claim in New Mexico, Ron Bell Injury Lawyers offer free case evaluations. Call today to learn more: 898-BELL.

How does Pure Comparative Negligence Apply to Injury Claims in New Mexico?

If you were injured due to someone else’s negligence in New Mexico, you may find that the other party isn’t entirely at fault for the injury itself. In cases where the liability is split, the recovery for your damages may lower, depending on the degree you’re at fault for the injury.

For example, if you were found to be 35% at fault for the accident that caused your injury, and your initial claim is for $100,000, you may only be able to seek $65,000 in recovery, due to the fact that the other liable party was not 100% at fault.

If you’ve been injured, and you have more questions on how the negligence laws in New Mexico apply to your case, contact Ron Bell Injury Lawyers today to get a free case evaluation.