The laws and regulations governing personal injury claims vary from state to state. The following article will provide you with the information you need to file a personal injury claim in New Mexico.
New Mexico is a “Comparative-Fault” State
Typically, comparative-fault states allow claimants to receive compensation for injuries that they are minimally responsible for. This usually means that the claimant cannot be more than 50 percent responsible for their own injuries. In New Mexico, however, the regulations are much more lenient. Claimants in New Mexico can be up to 99 percent responsible for their own injuries and still receive compensation.
It is important to realize that the claimant’s degree of negligence will directly impact the amount of compensation they receive. For example, if the person filing the claim is 20 percent responsible for their own injuries, the compensation they receive will be deducted accordingly and they will only receive 80% of the damages they would have otherwise been entitled to.
Potential Damages for Personal Injury in New Mexico
In New Mexico, claimants can seek financial and non-financial damages. Financial damages include lost wages, property damage, medical expenses, supportive care expenses, and the loss of future earnings. Non-economic damages include pain and suffering caused by the injuries in question.
Statute of Limitations for Personal Injury Claims in New Mexico
In New Mexico, the statute of limitations on a personal injury claim is three years; beginning the moment the injured party realizes they have suffered harm as a result of another party’s negligence.
Under some circumstances, the statute of limitations can be extended. For example, if a claimant has suffered from toxic exposure and the symptoms of illness surface after the statute of limitations has expired, a seasoned New Mexico personal injury attorney may be able to help the injured party receive compensation.
If a claimant discovers they have been injured after the statute of limitations has expired, it is recommended that they hire an attorney familiar with exceptions to the statute of limitations.
New Mexico Personal Injury Lawyer
A New Mexico personal injury lawyer will work with the specifics of a case to determine a fair settlement and to establish each party’s liability. Working with a professional will increase a claimant’s chance to receive the correct compensation for his or her injuries.