Comparative Negligence in New Mexico: How Fault Affects Your Personal Injury Claim
Personal injury claims can be complex, especially when determining who is at fault for an accident. In New Mexico, the state follows a pure comparative negligence rule, which significantly impacts how compensation is determined in personal injury cases. Under this system, even if you are partially at fault for your injury, you can still seek compensation. However, the amount of compensation you receive will be reduced based on your degree of fault.
In this blog post, we will explain New Mexico’s pure comparative negligence rule, how fault is apportioned, and its impact on settlement amounts. We will also explore examples of cases where comparative negligence applies and offer tips for minimizing your liability in an injury claim.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used in personal injury cases to allocate fault among the parties involved in an accident. Under this system, each party’s degree of fault is assessed, and damages are awarded accordingly.
In New Mexico, the pure comparative negligence rule allows an injured party to recover compensation for their injuries, even if they are found to be partially responsible for the accident. This is different from a modified comparative negligence rule, where a person cannot recover damages if they are more than 50% at fault. In New Mexico, however, a person who is 99% at fault can still recover 1% of the damages.
How Fault Is Apportioned
In New Mexico, fault is apportioned based on the degree of responsibility each party bears for the accident. This process is called fault allocation, and it is typically carried out by the court or insurance adjusters after evaluating the evidence presented by both parties.
For example, if you were involved in a car accident and the court determines that you were 30% at fault for the crash, while the other driver was 70% at fault, your compensation will be reduced by 30%. If your total damages amount to $100,000, you would only be entitled to $70,000 because you are responsible for 30% of the fault.
Fault is usually divided into percentage points, with each party being assigned a percentage of the blame. This system ensures that the compensation awarded is in line with the degree of fault each party holds in the incident.
It is essential to understand that in a pure comparative negligence state like New Mexico, even if you are mostly at fault, you may still be entitled to compensation for your injuries. However, the amount of compensation will be reduced according to your percentage of fault.
The Impact of Comparative Negligence on Settlement Amounts
The primary impact of the comparative negligence rule on a personal injury claim is that it affects the settlement amount you can receive. Since New Mexico follows the pure comparative negligence system, any degree of fault assigned to you will reduce your recovery.
Let’s break this down with an example:
Imagine you are injured in a slip-and-fall accident at a grocery store. You file a personal injury claim, and the total damages are estimated to be $50,000. After evaluating the facts, the insurance company or court assigns 20% of the fault to you for not paying attention while walking and 80% of the fault to the store for not cleaning up a wet spot on the floor.
Under New Mexico’s comparative negligence system, your damages will be reduced by 20% because of your partial fault. In this case, your compensation would be $40,000 (80% of the $50,000 total damages). Even though you were partially responsible for the accident, you are still entitled to compensation based on the percentage of fault assigned to the other party.
This system ensures that an injured party’s ability to recover damages is not completely eliminated due to a minor degree of fault. However, the reduction in the amount of compensation can still be substantial, which is why it is crucial to minimize your liability in these cases.
Examples of Cases Where Comparative Negligence Applies
Here are a few examples of common scenarios where the comparative negligence rule applies in New Mexico:
1. Car Accidents
In a typical car accident case, multiple factors could contribute to the crash. For instance, if you were rear-ended by another vehicle but were also speeding or not wearing a seatbelt, the court may assign partial responsibility to both you and the other driver. If you were found 30% at fault for speeding, your compensation would be reduced by that percentage.
2. Slip-and-Fall Accidents
In a slip-and-fall case, the property owner might be at fault for not maintaining safe conditions on their premises. However, if you were not paying attention or were acting recklessly, you might be assigned a percentage of the fault as well. If the property owner is found 60% responsible and you are found 40% responsible, you will still receive compensation, but it will be reduced by your 40% fault.
3. Workplace Accidents
Workers’ compensation claims are typically the primary avenue for seeking compensation for workplace injuries. However, if a third party is involved in the accident, such as a subcontractor, a personal injury lawsuit might be appropriate. If both you and the third party share responsibility for the injury, the comparative negligence rule will determine how much compensation you receive.
4. Product Liability Cases
In product liability cases, a defective product may cause harm, but the injured party’s use of the product could also contribute to the injury. For example, if a person is injured using a product in a way that was not intended or warned against, the manufacturer may be partially at fault, but the injured person may also share some responsibility. The comparative negligence rule will divide fault accordingly.
5. Medical Malpractice
In cases of medical malpractice, both the healthcare provider and the patient may bear some responsibility for the outcome. For example, a doctor might make a mistake in diagnosis, but the patient might have failed to disclose critical information. Comparative negligence would determine how much each party is at fault and reduce the recovery amount accordingly.
Tips for Minimizing Your Liability in an Injury Claim
Minimizing your liability in a personal injury case can have a significant impact on the compensation you receive. Here are some tips to help reduce your degree of fault:
1. Be Cautious and Attentive
In any situation where an injury may occur, whether on the road, at work, or on someone else’s property, always stay aware of your surroundings and act with caution. The less negligence you exhibit, the lower the chances that fault will be assigned to you.
2. Gather Evidence
When you are involved in an accident or injury, collecting evidence can help prove that the other party was primarily at fault. Take photos of the scene, gather witness statements, and document any injuries you sustained. The more evidence you have, the stronger your case will be.
3. Avoid Admitting Fault
In the aftermath of an accident, avoid admitting fault, even if you think you may have made a mistake. Statements such as “I’m sorry” or “I didn’t see that” could be used against you later on to increase your liability.
4. Consult an Attorney
An experienced personal injury attorney can help you navigate the complexities of comparative negligence and protect your rights. They can help you present a strong case, minimize your liability, and fight for the compensation you deserve.
5. Stay Calm and Professional
If you are involved in an accident, remain calm and avoid escalating the situation. Hostile interactions or emotional outbursts may make it more difficult to establish the other party’s responsibility and could increase your own liability.
Conclusion
New Mexico’s pure comparative negligence rule ensures that individuals can still recover damages even if they are partially responsible for an accident or injury. However, the amount of compensation you can receive will be reduced based on the percentage of fault attributed to you. Understanding how fault is apportioned and how it impacts your case is crucial when pursuing a personal injury claim.
If you have been injured in an accident and are concerned about your degree of fault, it is important to consult with an experienced personal injury attorney. By minimizing your liability and building a strong case, you can maximize the compensation you receive and ensure that your rights are protected throughout the process.
Injured and Not Sure Who’s at Fault?
Let our experienced New Mexico personal injury attorneys evaluate your case. Contact VRO Law Firm for a free consultation today.
This blog post is for informational purposes only and should not be considered financial advice. For personalized guidance tailored to your specific situation, please contact VRO Law Firm.