Fault for a harmful accident in New Mexico is not always entirely on one party alone. Accidents can involve multiple parties, each partially to blame. New Mexico’s pure comparative negligence laws allow an injured accident victim to recover financial compensation even if he or she is assigned a portion of the fault.
Understanding how the comparative negligence law may affect your personal injury settlement, and what to do to protect your financial recovery as much as possible, may take assistance from a qualified personal injury lawyer in Albuquerque.
Understanding New Mexico’s Pure Comparative Negligence Law
Negligence in a personal injury claim refers to an individual’s failure to act with the proper amount of care, causing harm or injury to others. In New Mexico, the law recognizes that accident victims may not always be 100 percent free from responsibility for an accident, but they still deserve a portion of financial compensation to make up for the defendant’s share of fault.
This rule stems from the case Scott v. Rizzo, 634 P.2d 1234, which led to New Mexico adopting comparative negligence as a recognized legal doctrine. New Mexico’s pure comparative negligence law preserves an injured party’s or plaintiff’s right to recover at least partial financial compensation if he or she is assigned a portion of fault for the accident or injury. Sharing liability, however, will affect the value of the victim’s settlement.
How Comparative Fault Laws Can Impact a Personal Injury Case
In a personal injury claim with multiple at-fault parties, a percentage of liability will be assigned to each. If the person who files the claim is also allocated a percentage of fault, under New Mexico law, his or her financial recovery from the defendant(s) will be reduced by an equivalent percentage.
For example, if the value of the plaintiff’s claim is placed at $300,000, but the plaintiff is allotted 15 percent of fault for comparative negligence, the settlement or judgment award would be diminished by a matching 15 percent. In this example, the award would be reduced by $45,000, bringing the plaintiff’s total recovery to $255,000.
Is New Mexico a Contributory Negligence State?
No, New Mexico is not a contributory negligence state. In states with contributory negligence laws, plaintiffs are barred from recovering financial compensation if even 1 percent of fault is assigned to them. Only four states (Alabama, North Carolina, Virginia and Maryland) still have contributory negligence laws in place. All others allow at least some financial recovery for a plaintiff despite partial fault.
How Much Fault Is Too Much for a Personal Injury Settlement in New Mexico?
New Mexico abides by a pure comparative negligence law, not a modified version. This means there is no cap or limitation on the amount of fault that can be given to a plaintiff, short of 100 percent. In modified comparative negligence states, on the other hand, an individual’s eligibility for compensation is barred at a certain percentage of fault, typically around 50 percent or the majority share.
What Happens When There Are Multiple Defendants?
New Mexico law allows for several liability in a personal injury case, meaning in a case involving multiple defendants, each is held liable for the amount of harm he or she directly caused. Each defendant will be assigned a degree of fault and will be responsible for their own contributions to the plaintiff’s injuries. No defendant can reduce their liability by any amount the plaintiff has recovered from other parties.
While New Mexico abolished most of its joint liability law in 2024, it still applies in certain circumstances. In a product liability claim that uses the strict liability law, for example, multiple defendants that share fault will be responsible for paying the entire damage award, even if this results in overlapping payments for the plaintiff.
Tips for Maximizing Your Financial Recovery Under New Mexico’s Comparative Negligence Laws
While partial fault may not bar you from making a financial recovery in a personal injury case in New Mexico, it could substantially reduce your settlement or judgment award. For this reason, it is important to know how to protect your rights during the claims process to maximize the amount of financial compensation you collect.
Do Not Admit Fault
The immediate aftermath of an accident can be chaotic and overwhelming. However, it is important to remember not to admit fault or even apologize to the other party involved. An apology could be misconstrued as an admittance of guilt or responsibility for the incident.
Limit Communications With an Insurance Company
During conversations about your claim, the insurance claims adjuster will want you to say something that they can use against you to reduce or even reject a settlement. Protect yourself by limiting what you say to insurance company representatives.
While a recorded statement may be required when filing a claim with your own insurance company, if you are communicating with someone else’s insurer, politely decline the statement portion. The recorded statement is a tactic used to twist victims’ own words around to suit the insurance company’s purposes later.
When answering questions about the accident or your injuries, don’t offer more information or detail than is requested. Do not speculate about fault; instead, let an official investigation decide who is responsible.
Get Immediate Medical Care
A common way insurance companies attempt to use the comparative negligence law to diminish payouts is by alleging that the victim failed to mitigate his or her damages by delaying medical care.
Always seek prompt treatment after an accident. Follow your doctor’s orders and attend all follow-up visits. Staying on top of your medical treatments can prevent an insurance company from blaming you for the severity of your injuries or losses.
Hire a Personal Injury Lawyer
If you are being blamed for an accident that injured you in New Mexico, contact a personal injury lawyer right away. The sooner you hire an attorney, the easier it will be for your lawyer to protect your financial recovery. Your lawyer can craft compelling counter-arguments to the comparative negligence defense to maximize your settlement or jury verdict.
An attorney can help you prove that one or more other parties are at fault – and not you – by investigating your accident, preserving and collecting important evidence, and hiring highly qualified experts to support your version of events.It is especially important to get legal representation today if you have serious, catastrophic or life-changing injuries from an accident in New Mexico. With a major injury, the amount of financial compensation you recover can shape your future. An attorney will aggressively fight for maximum compensation on your behalf by combating the comparative negligence defense, giving you greater peace of mind.