New Mexico Negligence Laws – All You Need to Know

Personal injury claims often occur when a person’s negligence results in injuries to another person. New Mexico is known as a pure comparative negligence state, which means that under New Mexico negligence laws, you can seek financial recovery for your injuries, even if you partially caused or contributed to your own injuries.

In court, the amount you can recover is reduced based on the actual percentage of the assigned fault, but you can still recover damages even if you’re partially at fault.

What Is Negligence?

In New Mexico, negligence is someone’s failure to act with the level of care a reasonable person would have used under the same set of circumstances or a failure to act in a specific situation that should have prompted their action. Negligence can apply in a variety of situations, such as elder care, vehicle accidents, premises liability, and more.

New Mexico uses pure comparative negligence wherein the overall amount of financial recovery a plaintiff can receive is reduced by their fault, which is usually quantified as a percentage. Even if a plaintiff is partially at fault, they can recover compensation for their injuries under New Mexico’s pure comparative negligence system.

How Is Negligence Proven?

For most negligence cases, the following four elements must be proven for a plaintiff to receive recovery for their injuries:

• Duty – Someone owed you a duty to keep you reasonably safe.
• Breach – Someone breached this owned duty by failing to keep you reasonably safe.
• Cause – Someone’s breach of their owed duty caused your injuries.
• Damages – You suffered actual injuries as a result of the breach of the owed duty to keep you reasonably safe.

There are many ways to prove you have experienced injuries from someone’s negligent actions or failure to act. However, an experienced New Mexico attorney can further discuss this complex area of law and explain any important updates to this ever-changing area of law. If you are unsure whether you have a valid negligence claim, it’s important to consult an attorney to protect your legal rights.

What New Mexico Laws Exist for Negligence?

Each legal case is different, and the laws that apply to your unique case depend on your case circumstances. New Mexico’s negligence statutes detail pure comparative negligence, which means as long as you are not found to be 100% responsible for an accident/incident, you can recover damages. If any fault is attributed to you, the percentage of fault reduces your financial recovery by that percentage.

State laws can change as a result of amended legislation, rulings in court, ballot measures, or other methods. A New Mexico attorney can help explain any relevant updates to this often-changing area of law and how they might apply to your specific circumstances.

How Can I Get Help with My New Mexico Negligence Matter?

Negligence laws provide methods for recovery from injuries caused by someone else’s actions or failure to act. However, proving the necessary elements of a negligence claim can be complicated.

It can be especially challenging to handle your own case, as many individuals do not have extensive knowledge about local laws and court proceedings. While many resources exist to guide individuals through legal matters, few things are more beneficial than qualified legal guidance.

An attorney can help investigate your claim, discuss your potential financial recovery based on New Mexico’s pure comparative negligence statutes, positively impact your injury claim, and help you maximize your recovery from your injuries and property damage. Pursue the recovery you deserve and contact a trusted New Mexico negligence attorney as soon as possible to protect your rights.

New Mexico Negligence Law FAQs

Q: What Arguments Help Make a Strong NM Negligence Case?

A: In a strong NM negligence case, an attorney must argue that someone owed you a legal duty to act reasonably to keep you safe, they breached the owed duty, and this breach resulted in direct harm. Also, an attorney can argue that the damages sought were directly incurred because of the injuries you experienced, helping you build a strong negligence case and maximize the recovery you might expect for your unique case.

Q: What Happens If the Court Says I’m 49% Comparatively at Fault?

A: If a court says you’re 49% comparatively at fault, your full recovery is reduced by 49%. In New Mexico, you can recover even if you’re up to 99% responsible, although your recovery is reduced by your fault percentage.

Comparative fault can be tricky to navigate, and you will want to disprove as much of your own liability for the incident. An attorney can argue that the other person was entirely at fault to help you maximize your recovery.

Q: What Is the Premises Liability Law in New Mexico?

A: In New Mexico, premises liability is part of general negligence law. Premises liability means a property owner can be held responsible for injuries that happen on their property when they fail to warn any guests of possible hazards or when unsafe conditions aren’t fixed at the property. Some examples of premises liability cases are inadequate maintenance or negligent security matters.

If you think you have a premises liability case, it’s important to contact an experienced New Mexico attorney.

Q: What Type of Lawyer in NM Handles Negligence Cases?

A: In New Mexico, you can consult a personal injury attorney for a negligence case. A seasoned personal injury attorney can handle a variety of cases involving negligence, which can include premises liability, personal injury, general injury matters, negligent security, tort claims, medical malpractice, and more. If you need help with a negligence case, an accomplished New Mexico personal injury attorney can provide reliable legal assistance.

Schedule a Consultation Today with Berenson & Associates, PC for a Negligence Case

If you think you’ve been injured because of someone else’s actions, an experienced New Mexico attorney can step in right away to protect your rights. Berenson & Associates, PC has zealously represented the interests of many clients during their negligence cases.

Our New Mexico attorneys can inform you of your potential legal options and discuss maximizing your financial recovery. With a well-informed attorney by your side, you can have all your fundamental questions answered and increase the likelihood of your negligence claim’s success. Contact Berenson & Associates, PC today to schedule an initial consultation with our office.