Most people do not understand the laws regarding damages and financial compensation in New Mexico if you or a family member have had the misfortune of being injured by another’s negligence or carelessness. Often, people are injured due to another personal, professional, employer or healthcare provider breaking of basic safety principles, putting us all in danger. This occurs in auto accident cases, trucking accident cases, medical malpractice situations, slip and falls, dangerous products, etc. When this happens you or your loved one are entitled by law to recover the fair-value of all the harm the negligent person caused to you and your family. This includes physical injuries, which are critical in proving harm within the legal framework. A quick look at New Mexico’s Jury Instructions on Damages will give you an understanding of what the jury will decide in you or your loved one’s personal injury case.
Understanding Negligence
Negligence is a cornerstone of tort law, referring to the failure to exercise the level of care that a reasonable person would in similar circumstances. This breach of duty of care, which is a legal obligation to act in a manner that prevents harm to others, can be either intentional or unintentional. Regardless of intent, the outcome remains the same: liability for damages. Understanding negligence is essential for determining responsibility and fault in various situations, such as car accidents, medical malpractice, and workplace incidents. By grasping the concept of negligence, you can better navigate the legal landscape and protect your rights.
Proving Negligence
To establish a negligence claim, a plaintiff must demonstrate four critical elements: duty, breach, causation, and damages. Duty refers to the legal obligation to act with care towards others. A breach occurs when this duty is not fulfilled, meaning the defendant failed to meet the standard of care expected. Causation links this breach directly to the harm suffered by the plaintiff. Finally, damages represent the compensation awarded for the harm endured. In states that follow comparative negligence laws, the degree of fault is considered, comparing the defendant’s negligence to that of the plaintiff to determine the extent of liability. Understanding these elements is crucial for building a strong case.
Medical and Non-Medical Expenses: What Can You Recover Under Law?
In New Mexico a Plaintiff is entitled to fair value for the medical expense they have incurred as a result of another’s negligence. A plaintiff is also entitled to recover for any nonmedical expenses they have incurred as well. Nonmedical expense is the reasonable value of any expense related to the injury that are not categorized as medical expense, such as caretaking expenses or transportation expenses. The actions of the negligent party often lead to these expenses, as their behaviors and decisions directly impact the harm caused and the subsequent costs incurred.
Compensation for Pain and Suffering Due to Defendant’s Negligence
Plaintiffs in New Mexico are also entitled to recover money damages for the pain and suffering they experienced and can reasonably expect to experience in the future as a result of the defendant’s negligence. The degree of the defendant’s negligence directly impacts the extent of the plaintiff’s pain and suffering. There is no “one size fits all” approach on how much money you are entitled to due to your pain and suffering. Rather, every Plaintiff is different and how the pain and hardship they have suffered is explained to the jury and the jury then uses their judgment to decide a fair and reasonable monetary value to compensate the victim for the pain and suffering the Plaintiff was forced to endure.
Recovering Loss of Enjoyment of Life Damages Under Comparative Negligence
In New Mexico, Plaintiff can also recover loss of enjoyment of life damages. Loss of enjoyment of life damages are meant to compensate a Plaintiff for the harm the Defendant caused which changed his or her life for the worse. Loss of enjoyment of life damages are separate from pain and suffering damages, and you are entitled to fair value for both. Again, there is no “one size fits all” approach to loss of enjoyment of life damages. Rather, each Plaintiff’s situation will be explained to the jury and it is up to the jury to use their reasonable and fair judgment to decide the fair monetary value a Plaintiff should receive as a result of their diminished life experience as a result of the Defendant’s negligence.
Compensation for Lost Earnings and Aggravated Injuries Responsible
If you are unnecessarily injured by someone, you can also recover money damages for the nature, extent, and duration of the injuries you suffered. You are also entitled by law to receive financial compensation for the earnings you lost as a result, as well any anticipated future earnings you have to forego. If you had a pre-existing injury and the conduct of the Defendant caused an aggravation and made injury worse you are also entitled to recover for the aggravation the negligent defendant caused.
Time Limits for Filing a Claim
The statute of limitations for filing a negligence claim varies by state and jurisdiction, typically ranging from one to three years. It is vital to consult with an attorney to ascertain the specific time limit applicable to your case. Missing this deadline can result in your claim being barred, preventing you from recovering any damages. Timely action is essential to protect your rights and ensure that you can seek the compensation you deserve.
Defenses to Negligence Claims
Defendants in negligence cases may employ several defenses, including contributory negligence, assumption of risk, and comparative negligence. Contributory negligence argues that the plaintiff’s own negligence played a role in the harm suffered. Assumption of risk contends that the plaintiff voluntarily accepted the potential for harm. Comparative negligence assesses the relative fault of both parties to determine liability. Additionally, defendants might argue that the plaintiff failed to mitigate damages or that a third party was responsible for the harm. A judge or jury will review the evidence and consider these defenses when determining liability and awarding damages. Understanding these potential defenses can help you better prepare for your case.
There are numerous ways to recovery money damages in New Mexico when someone has caused you harm as a result of their negligence. Above is just an overview of the damages that are available to New Mexico Plaintiff’s. We will look at other avenues of recovery in subsequent posts. Of course, every case is different and for a complete and free evaluation of your case, contact the New Mexico Personal Injury Attorney’s at Dominguez Law Firm, LLC.
Q&A For Negligence Law
What is the role of the reasonable person standard in negligence cases?
The reasonable person standard evaluates whether the defendant acted as a typical person would under similar circumstances. If their actions fall short, they may be found negligent, forming the basis for liability and compensation in New Mexico.
What is comparative negligence, and how does it affect recovering damages in New Mexico?
Comparative negligence assesses the fault of both parties. In New Mexico, you can still recover damages even if partially at fault, but your compensation will be reduced by the percentage of your own negligence.
How does ordinary negligence differ from gross negligence?
Ordinary negligence involves failing to exercise reasonable care, while gross negligence is a reckless disregard for the safety of others. Both can lead to liability, but gross negligence often results in harsher penalties or greater damages.
What evidence is needed to recover compensation in a negligence case?
Evidence such as medical records, witness testimony, accident reports, and expert opinions is crucial. These help prove the defendant’s breach of duty, the causation of your injuries, and the extent of your damages to recover compensation.
What defenses might a defendant use to refute negligence claims?
Defendants may claim contributory negligence, comparative negligence, or assumption of risk. They might also argue the plaintiff failed to mitigate damages or that a third party was responsible, potentially reducing or eliminating liability.
