If you are in New Mexico and are accidentally injured,you certainly want to know whether you can be compensated for your injuries. This article explores some key New Mexico Injury Laws to Know before filing a personal injury lawsuit with a -. Understanding these laws will help you whether you intent to negotiate for a settlement outside the court or pan to escalate the matter to the court for a hearing.
What are the Time Limits for Filing an Injury Lawsuit?
New Mexico operates on a statute of limitations that allows the victims of an accident to file a lawsuit within three years from the date of the accident. It is important to research any changes to the law in order to protect your right to obtain compensation.
Shared Fault in New Mexico Injury Cases
Comparative fault laws apply in which the plaintiff and the defendant share the fault in the proportion of their contribution. New Mexico embraces comparative negligence rule when determining personal injury cases. The rule diminishes your damages by a percentage of your share of the fault. All courts in New Mexico apply this modified comparative fault in cases of shared fault. Some insurance carriers may invoke this rule at the negotiation stage or may argue on this basis during a court hearing.
What if You are Suing a State Agency for Negligence?
Different set of rules apply where a victim is bringing a case against a New Mexico state government agency or employee. Victims have up to 90 days to file a claim against the alleged negligent government employee or agency.
What Damages Can I Claim and How Much Can I Get?
The damages you can be awarded,include lost property,loss of wages,and medical expenses. The amount of money you can win depends upon many factors,but most importantly,the amount of fault placed on the negligent party.
All you need to know is that the procedures are tedious and the personal injury cases can be tricky to prove negligence. Thus,you may need a- to plan your lawsuit.