When you are injured in an accident that was caused by the negligence or wrongful actions of another person, you may be entitled to compensation. A personal injury lawsuit is a legal action that seeks compensation for damages caused by the injury, such as medical expenses, lost wages, and pain and suffering. In New Mexico, there are specific guidelines for who can file a personal injury lawsuit and under what circumstances. In this article, we will explore who can file a personal injury lawsuit in New Mexico and the requirements that must be met.
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What is a Personal Injury Lawsuit?
A personal injury lawsuit is a civil lawsuit that seeks to compensate someone who has been injured or suffered damages due to the wrongful actions or inactions of another person or entity. The damages can be physical, emotional, or financial and can include things like medical bills, lost wages, and pain and suffering. The goal of a personal injury lawsuit is to make the injured person whole and put them in the same position they would have been in if the accident had not happened.
Who Can File a Personal Injury Lawsuit in New Mexico?
In New Mexico, the injured person or their representative, such as a family member or legal guardian, can file a personal injury lawsuit. However, there are some requirements that must be met for the lawsuit to be valid.
Statute of Limitations
The statute of limitations is a time limit for filing a personal injury lawsuit. In New Mexico, the statute of limitations for personal injury lawsuits is three years from the date of the accident or injury. If the lawsuit is not filed within this time period, it will be dismissed, and the injured person will lose their right to compensation.
Contributory Negligence
New Mexico follows a contributory negligence system, which means that if the injured person is found to be partially at fault for the accident, their compensation will be reduced by the percentage of fault assigned to them. For example, if the injured person is found to be 30% at fault for the accident, their compensation will be reduced by 30%. However, if the injured person is found to be more than 50% at fault, they will not be entitled to any compensation.
Insurance Requirements
In New Mexico, drivers are required to have liability insurance, which covers damages caused to other people in an accident. If the person who caused the accident has liability insurance, the injured person can file a claim with the insurance company to receive compensation. If the person does not have insurance, the injured person can still file a personal injury lawsuit, but the chances of receiving compensation may be lower.
Types of Personal Injury Lawsuits in New Mexico
There are many types of personal injury lawsuits that can be filed in New Mexico, including:
Car Accidents
Car accidents are one of the most common types of personal injury lawsuits in New Mexico. If you are injured in a car accident that was caused by another driver’s negligence, you may be able to file a personal injury lawsuit to receive compensation for your injuries.
Medical Malpractice
Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient. This can include misdiagnosis, surgical errors, and medication errors. If you have been injured due to medical malpractice, you may be able to file a personal injury lawsuit against the healthcare provider or hospital.
Slip and Fall Accidents
Slip and fall accidents occur when someone slips or trips and falls due to a hazard on someone else’s property. This can include things like wet floors, uneven pavement, or poorly maintained stairs. If you are injured in a slip and fall accident, you may be able to file a personal injury lawsuit against the property owner or manager.
Dog Bites
Dog bites can cause serious injuries and can be the result of the owner’s negligence or aggressive behavior. If you have been bitten by a dog, you may be able to file a personal injury lawsuit against the dog owner.
Conclusion
If you have been injured in an accident that was caused by someone else’s negligence or wrongful actions, you may be entitled to compensation through a personal injury lawsuit. In New Mexico, there are specific requirements for who can file a personal injury lawsuit and under what circumstances. It is important to consult with a personal injury lawyer to discuss your options and ensure that your rights are protected.