To prove negligence in a New Mexico personal injury case, you must show evidence or proof of duty, breach of duty, causation and damages. If you are found to be partially at fault for the injury, your financial compensation may be reduced. A qualified personal injury lawyer in Albuquerque can help you gather evidence to prove negligence during your case.
Defining Negligence in Personal Injury Law
Negligence is defined as the failure to exercise proper or reasonable care. Any action or omission that a prudent person would not have committed in the same circumstances can constitute negligence.
Examples of negligence include a driver failing to drive according to New Mexico’s traffic laws, a property owner failing to prevent a foreseeable slip and fall accident, and a doctor treating a patient with a substandard level of care.
The Role of Negligence in a New Mexico Injury Case
Personal injury cases in New Mexico must be brought on valid legal grounds. Several legal doctrines are available to serve as the foundation of an injury claim, but negligence is the one most frequently used. If one or more parties were negligent and this led to an injury, the at-fault party can be held liable (legally responsible) for the consequences. However, negligence must be proven by the plaintiff or filing party.
Four Elements of Proof
Proving negligence in a New Mexico injury claim requires evidence of the four legal elements of this tort or wrongdoing. In general, the plaintiff must demonstrate that his or her injuries were the result of a foreseeable risk that the defendant reasonably should have prevented.
Duty of Care
A legal duty of care is a responsibility or obligation to act in a certain manner to prevent foreseeable risks of harm to others. The defendant or accused party in a personal injury case must have owed the plaintiff a duty of care based on their relationship. Most individuals have a duty to act reasonably; certain parties, however, bear a professional duty of care with higher standards, such as in a doctor-patient relationship.
Breach of Duty
A breach of the duty of care refers to any act or failure to act (omission) by the defendant that falls short of the level of care that was required or expected. It can refer to a careless or unintentional act, as well as a reckless or wanton decision that the defendant should have known would harm the plaintiff. A breach can be anything that a reasonably prudent person would have done in the same or similar circumstances.
Causation
A cause-and-effect relationship must exist between the defendant’s breach of duty and the plaintiff’s accident and injury. There is proximate cause and cause-in-fact. Proximate cause means actual cause, while cause-in-fact means that the plaintiff’s injury or harm wouldn’t have occurred but for the defendant’s conduct.
Damages
The plaintiff suffered actual losses because of the defendant’s breach of duty. Damages refer to specific losses, such as bodily injuries, medical bills, lost wages and property damage repairs. There must be a connection between the victim’s compensable damages and the defendant’s negligent act or omission.
Negligence Per Se
Negligence per se means a party will automatically be considered negligent, without requiring proof of a breach of duty of care, if there is evidence of a violated law or safety statute. If the defendant broke one of New Mexico’s laws or regulations, proof of this can be enough to hold the defendant liable without proving the four elements of standard negligence.
Evidence to Prove Negligence in a Personal Injury Case
Personal injury cases rely on evidence, or facts that prove the truth of what the plaintiff is claiming. The kinds of evidence available will depend on the type of claim and the circumstances surrounding the accident.
Evidence that could be used to prove negligence and liability includes:
- A police or accident report
- Photographs and video footage
- Property maintenance logs
- Cell phone records
- Testimony from relevant experts, such as crash reconstructionists or medical experts
- Medical bills and injury records
- Proof of financial losses
The burden of proof is “based on a preponderance of the evidence,” or more likely to be true than not true. The plaintiff needs enough evidence to show that the defendant is responsible for causing the accident with a certainty of at least 51 percent. A lawyer can be instrumental in preserving enough evidence to prove a personal injury case.
New Mexico’s Law of Pure Comparative Negligence
Negligence is not always assigned entirely to one party. In many cases, two or more parties share fault for an accident and injury. In these situations, New Mexico’s pure comparative negligence law applies.
Under this rule, a plaintiff can be assigned a percentage of fault for an accident and still receive financial compensation. However, the settlement or jury verdict awarded will be diminished by an amount equivalent to the victim’s degree of negligence.
For example, if an accident victim is allocated 10 percent of fault for a car accident, a $100,000 award would be reduced by 10 percent ($10,000) for a $90,000 final outcome. The possibility of comparative negligence affecting your settlement in Albuquerque is why it’s important to consult with an attorney if you are being blamed for your injury.
Important Time Limits to Know for a New Mexico Injury Case
If you get injured in any type of accident in New Mexico, it’s recommended that you seek help from a personal injury lawyer as soon as possible. There are strict deadlines for filing. known as statutes of limitations, that if missed will result in you losing the ability to recover compensation entirely.
In New Mexico, most personal injury claims must be filed within three years of the date of the accident or of injury discovery. However, the deadline is reduced to two years for government claims (with 90 days for a notice). There are different deadlines for unique cases, such as those involving injured minors or wrongful death. For this reason, you should contact an attorney without delay.
How a Lawyer Can Help You Prove Negligence
A personal injury lawyer can investigate your accident to determine who is at fault and identify the liable parties. Your lawyer can preserve pertinent evidence that can be used to prove fault or negligence, including hiring experts to testify, as needed. You can count on an attorney to build a strong case for you with advanced legal tools, while you have the peace of mind to focus on healing.