What to Expect During a New Mexico Personal Injury Trial

A personal injury claim is founded on carelessness or negligence. In the simplest terms, a victim in any type of personal injury case, whether it's a slip-and-fall accident or your typical vehicle wreck, was hurt because of another person's negligence.

However, laws on personal injury vary from state to state. In New Mexico, for example, comparative negligence comes into play. The first step is to know New Mexico's rules on personal injury and what to expect during a trial. But if you have questions about personal injury laws in New Mexico or want to learn how to file a claim, contact our Albuquerque personal injury lawyers at Will Ferguson & Associates immediately.

What is a Duty of Care?

The legal concept of "duty of care" relates to a person's reasonable duty to ensure or promote the safety of another person. It's crucial to remember that not every accident may be considered viable as a personal injury claim since certain criteria must be met.

What's more, the duty of care in New Mexico for a person falls into one of two categories: either they must ensure a reasonable level of safety at all times or provide notice of any potential dangers.

For example, injuries sustained on private property do not immediately give rise to a claim for damages under premises liability, a popular type of personal injury claim. You could not sue the property owner if the accident is determined to be your fault rather than the consequence of harmful conditions and hazardous circumstances on the property. Similarly, you may not be successful in a lawsuit against a property owner who gave you enough notice of potentially hazardous situations.

To illustrate, suppose the owner of the property posted a notice that you shouldn't walk on a sidewalk or path because of broken pavement. If you ignore that warning, trip over the damaged sidewalk, and subsequently suffer injuries, a judge might decide that the property owner is not responsible since you were given sufficient notice.

Laws on Comparative Negligence in New Mexico

Comparative fault or negligence applies in New Mexico. In other words, if both the plaintiff and the defendant are determined to share fault, the parties will divide the damages according to their respective degrees of liability.

To put it another way, suppose the court finds the defendant 60% at fault and you, the plaintiff, 40%. You might collect as much as 60% of the total cost of damages you incurred as a result of the accident from the defendant. You'd then be responsible for the remaining 40%.

Exceptions to Personal Injury Laws

Of course, there are some exceptions to laws on personal injury in New Mexico. Using the same example of premises liability, you cannot pursue a claim for premises liability if the accident occurred while you were trespassing on someone else's private property.

Even if your injuries and damages were caused by the owner's carelessness with the property's upkeep, you likely wouldn't have a viable claim if you were not authorized to be on the property.

Liability For Injuries

Now that we've covered the basics of how New Mexico's personal injury laws function, we can get into the nitty-gritty of what kinds of damage those statutes protect against. It goes without saying that when security measures are inadequate, criminal conduct is more likely to occur.

The crime rate in a region and the nature of the property itself are only two of many considerations when determining whether or not security measures are insufficient enough to lead to injuries or other damages.

Unsafe Conditions

While accidents caused by unsafe conditions are easier to identify, numerous other types of accidents also fall under this category. As another example, there is a high rate of slip-and-fall incidents within the scope of premises liability. But outside factors, like ice or severe rains that the property owner did not account for, might be to blame for these incidents.

Uneven or unstable flooring, damaged stair rails, and other similar hazards may also contribute to such injuries. Furthermore, lack of maintenance on elevators, exposed wires, chemical hazards, and dangling items all contribute to an unsafe physical environment.

Swimming pools and drownings are common in premises liability, as failing to close or maintain a swimming pool properly may create a hazardous environment or "attractive nuisance" for others.

What to Expect During a Personal Injury Case

After reviewing this initial rundown of premises liability, you should see an attorney if you think you have a case. Once a qualified attorney is able to go over the details of your specific accident, they might find that you're eligible for a settlement.

1. First, your lawyers will begin collecting evidence, such as medical records and invoices. In our example of premises liability, your lawyer will look into the property owner's maintenance logs to find out how long the property has been in disrepair, whether or not the owner may have known about the damage, and other relevant details.
2. Remember that the claims process might take a long time, so you should continue documenting your injuries, treatment, and any surrounding specifics regarding your claim. In the meantime, your attorney will construct your case and file in New Mexico's equivalent of small claims court, known as the Magistrate Court.
3. Finally, when it comes to the state's statute of limitations, it's also important to keep in mind that you only have three years from the time of your injuries to file a personal injury claim in New Mexico. With a few notable exceptions, this three-year period begins on the day of the injury.

Contact a Personal Injury Attorney in New Mexico

At Will Ferguson & Associates, our clients are important to us. We have been assisting victims of personal injury and disability since 1983 and can help you as well. Moreover, in cases involving personal injury, we work on a contingency basis, which means you owe no fee unless we recover compensation for you. Even if a substantial fee reduction is required, our law firm's policy is to not charge more in fees than the client receives from a verdict or settlement, absent extraordinary circumstances.

Call our personal injury attorneys at Will Ferguson & Associates at (505) 243-5566 to find out whether you are eligible for compensation for your injuries.

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