When a deadly accident takes place in New Mexico, the deceased victim’s family may have grounds to file a wrongful death claim against someone for causing the death. If an investigation discovers that the victim was partially at fault, this will not bar the family from making a financial recovery. It may, however, decrease the amount of compensation awarded.
Partial Fault Does Not Bar Recovery in New Mexico
While the law differs from state to state, New Mexico allows an individual who is found to share the blame for an accident or injury to recover partial compensation for his or her losses. This is known as New Mexico’s pure comparative negligence law (N.M. Statutes § 41-3A-1).
Under this rule, a deceased person who is assigned partial fault can still be eligible for compensation from one or more defendants (at-fault parties) during a wrongful death claim. Comparative negligence is one of the several legal arguments defendants may use to limit liability in wrongful death cases.
What Is New Mexico’s Pure Comparative Negligence Law?
Some states completely bar an individual from making a financial recovery with even 1 percent of fault (contributory negligence states). Other states allow recovery only up to a certain limit, typically around 50 percent or the majority share of fault (modified comparative negligence states).
In New Mexico, however, a plaintiff or deceased victim can be assigned up to 99 percent of the blame and still recover the remaining 1 percent from the other at-fault party. This is the “pure” part of New Mexico’s comparative negligence doctrine, which is the most plaintiff-friendly version.
How Will a Victim’s Partial Fault Affect a New Mexico Wrongful Death Award?
Fatal accidents in New Mexico, such as car accidents and catastrophic falls, are not always caused by only one party. Many parties, including the deceased person, may have contributed. If the deceased victim shares a degree of fault for his or her own death, the pure comparative negligence law still allows eligible beneficiaries to recover compensation from the other involved parties.
If fault for the fatal injury or illness is assigned in part to the wrongful death victim, any financial damages awarded will be reduced by a matching percentage. For example, if a hospital is found to be 85 percent liable for a deadly incident of medical malpractice but the patient is assigned the remaining 15 percent of fault, a $500,000 award would be reduced by an equivalent 15 percent ($75,000) to $425,000.
How a Wrongful Death Attorney Can Help
Under New Mexico’s pure comparative negligence rule, a grieving family and surviving heirs of a deceased individual may still be able to recover at least partial compensation from another party for contributing to a deadly incident. This includes a surviving spouse, children, grandchildren and parents.
While no amount of money can ever equal a human life, maximizing the financial outcome of your family’s wrongful death claim can provide greater justice and financial peace of mind. If your loved one is being blamed for the deadly accident, it is important to contact an Albuquerque wrongful death lawyer for assistance. An attorney can work to minimize your loved one’s degree of fault to achieve the best possible case results.