Frequently Asked Questions About Fault in Personal Injury Laws
Is New Mexico a No-Fault State?
No. New Mexico is considered an at-fault state, and because it is a pure comparative fault state, any party who is 99% at fault or less can file claims and seek recovery for damages incurred in the accident or injury.
Can Someone Sue if They Are at Fault?
In New Mexico, any party who is 99% at fault or less can make an injury claim. However, due to the pure comparative fault rule in New Mexico, recovery amounts decrease based on the amount the plaintiff is at fault.
What is the Difference Between Fault and Negligence in Personal Injury Law?
Negligence in personal injury law is a specific and unintentional form of fault, while fault is a much broader term that places responsibility onto a party whether the injury was caused by a person's intentional actions or negligence.
