Comparative negligence assigns fault to both parties in a legal case and adjusts compensation based on responsibility. If you suffer an injury and file a personal injury case, comparative negligence laws may apply. This system affects the compensation you can collect, making it important to know how the law works before taking legal action.
At Dominguez Law, we help clients understand the legal system and handle personal injury cases. Our goal is to secure as much compensation as possible while working within the comparative negligence system.
New Mexico’s Pure Comparative Negligence Rule
New Mexico follows a pure comparative negligence rule, meaning courts assign a percentage of fault to each party in a personal injury case. This system allows you to recover damages even if you were partially at fault. For example, if the court finds you 30% responsible for an accident with total damages of $100,000, you could still receive $70,000.
This approach differs from states with modified comparative negligence rules, where exceeding a fault threshold prevents compensation. New Mexico’s system considers each party’s degree of fault, requiring strong evidence that clarifies liability. Courts evaluate testimony and documentation to ensure a fair distribution of responsibility.
Determining Fault in Personal Injury Cases
Assigning fault involves reviewing multiple factors and types of evidence. Courts will assess witness statements, police reports, and medical records. Claimants must provide strong documentation that shows the other party’s negligence caused their injuries.
Many cases involve shared fault, which complicates liability decisions. It is in both party’s best interest to prove that fault is shared as much as possible.
Collecting Evidence in a Claim
Evidence plays a central role in personal injury cases, and comprehensive documentation helps establish the sequence of events and each party’s actions. Useful evidence includes police reports, medical records, eyewitness accounts, and physical proof from the accident scene.
Together, you and your lawyer can gather evidence for your case by requesting documents from medical professionals, taking pictures of the accident if possible, and otherwise finding whatever you need to show that the other party caused the accident.
More than that, your lawyer will prove just how big of an impact each damage claim has on you. Doing this allows your lawyer to show not only that you should be compensated, but by how much you should be compensated.
Working With an Experienced Personal Injury Attorney
Legal representation helps claimants more easily and thoroughly handle the complexities of comparative negligence in New Mexico. An attorney with personal injury experience can provide guidance on presenting a strong case. They understand state laws as well as what evidence is needed to build a strong case in your favor.
Having a lawyer on your side not only gives you a better chance at winning your case, but also makes it much easier to manage the legal process. Our team’s knowledge of New Mexico’s laws will improve your chances of securing fair compensation.
Dominguez Law Is Here to Protect Your Rights
Many people misunderstand comparative negligence, leading to confusion about their rights. One common belief is that any level of fault prevents recovery. However, New Mexico’s system allows compensation regardless of fault percentage, with adjustments based on responsibility.
Predicting how comparative negligence affects a case can be difficult. This is why it is important to work with a skilled legal team for a better understanding of potential compensation. At Dominguez Law, we help clients manage personal injury cases and assess compensation based on similar past claims. Call Dominguez Law at (505) 850-5854 or fill out our contact form today.
