As a resident of New Mexico, it is essential to understand the personal injury laws in the state, just in case you ever find yourself in a position where you need legal assistance. Personal injury cases can result from numerous scenarios like car accidents, slip and fall incidents, or even medical malpractice. Knowing the basics of New Mexico personal injury laws will help you understand your rights as a victim and help you establish if a personal injury lawsuit is the right course of action.
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What Is Personal Injury?
A personal injury is defined as an injury that is sustained by an individual due to the negligence or intentional act of another party. Personal injury cases can cover a wide range of situations, including car accidents, slip and fall incidents, medical malpractice, product liability, assault, and wrongful death. If you or someone you love has suffered a personal injury due to someone else’s negligence, you may be entitled to compensation for your damages.
Time Limits for Personal Injury Claims
One crucial aspect of personal injury law that any victim needs to understand is the time frame for filing a personal injury lawsuit. In New Mexico, victims have three years from the date of the accident or injury to file a lawsuit. However, it’s essential to note that some situations may have different statutes of limitations. For example, if the injury was caused by medical malpractice, the victim has three years from the date they discovered the injury to file a claim.
Comparative Negligence
In some personal injury cases, both parties may share in the responsibility for the accident or incident. New Mexico follows comparative negligence, which means that if the injured party is partially responsible for the accident, they can still recover compensation for their injuries. However, the compensation is reduced by their percentage of fault. For example, if a victim is found to be 25% at fault for a car accident, their compensation will be reduced by 25%.
Compensation for Personal Injury Cases
If you are the victim of a personal injury, you may be entitled to compensation for your damages. In New Mexico, victims can recover compensation for economic and non-economic damages. Economic damages include things like medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, emotional distress, and loss of quality of life. There is no limit to the amount of compensation that can be awarded for non-economic damages.
Hiring a Personal Injury Attorney
If you are the victim of a personal injury caused by someone else’s negligence, hiring an experienced personal injury attorney can help you navigate the complex legal process and ensure that your rights are protected. A personal injury attorney will work to establish the other party’s negligence, determine the value of your damages, and negotiate with the insurance company to obtain fair compensation.
Conclusion
In conclusion, understanding the basics of New Mexico personal injury laws can be crucial if you or a loved one is ever injured due to someone else’s negligence. Knowing the time limits for filing a lawsuit, comparative negligence laws, and the types of compensation available to you can help you make informed decisions and seek the compensation you deserve. If you need legal assistance with a personal injury case, don’t hesitate to contact an experienced personal injury lawyer for help.