Personal injuries come in many forms. If you or someone you love suffers injuries due to another person’s negligence, you may pursue the liable party for the resulting damages through a civil lawsuit.
If you are considering filing a personal injury claim, however, it is important that you understand how the law works. Besides ensuring that you avoid pitfalls that can derail your case, this will also increase your odds of realizing a favorable outcome.
Here are two important laws that you need to understand when pursuing a personal injury claim in New mexico.
The state’s negligence laws
Most personal injury claims boil down to who bears the greatest responsibility for the accident. In other words, you have the burden to prove that the defendant was culpable. This means that whereas you can sue for damages, the defendant, on the other hand, has a right to challenge your claim. In New Mexico, this defense is founded on the legal concept of pure comparative negligence. Simply put, you can seek damages even if you are 99 percent responsible for the accident that resulted in your injuries. For instance, if you are 60 percent culpable, and the court awards $100,000 in damages, you will only receive $40,000 in settlement.
Statute of limitations
A personal injury can turn your life upside down. Depending on the severity of your injuries, you might be bedridden for months. And if you sustain an injury to your spine, your mobility might be impacted for the rest of your life. Amidst the pain and emotional turmoil, however, it’s important to understand that time is never on your side as far as filing the lawsuit is concerned. In New Mexico, the statute of limitations for personal injury claims is three years. Filing your claim after the expiry of the statute of limitations period might lead to your claim’s refusal.
Asserting your rights
If you are hurt in an accident that is not your fault, you deserve justice. And learning crucial laws that are pertinent to your case is a crucial place to start your quest for damages.