Personal injury laws are designed to protect individuals who have been harmed due to the negligence or intentional actions of others. These laws vary from state to state, and it’s crucial to understand how they apply in your particular jurisdiction. In New Mexico, several key laws govern personal injury cases, outlining the rights and responsibilities of both plaintiffs and defendants. Understanding these laws is essential for anyone involved in a personal injury claim.
1. Statute of Limitations
In New Mexico, like in many other states, there’s a statute of limitations that sets a deadline for filing a personal injury lawsuit. The Albuquerque personal injury attorneys at Singleton Schreiber explain that the statute of limitations for most personal injury cases is three years from the date of the injury. This means that individuals who have been injured must file their lawsuit within three years of the incident, or they risk losing their right to seek compensation.
However, it’s important to note that there are exceptions to this rule. For instance, if the injury was not immediately apparent, the statute of limitations may be extended to three years from the date the injury was discovered or reasonably should have been discovered. Additionally, for cases involving government entities, there are specific notice requirements and shorter deadlines for filing claims.
2. Comparative Negligence
New Mexico follows a comparative negligence system when determining liability in personal injury cases. Comparative negligence allows for the assignment of fault to multiple parties involved in an accident, including the plaintiff. Under this system, the amount of compensation a plaintiff receives may be reduced in proportion to their degree of fault.
For example, if a jury finds that a plaintiff was 20% at fault for an accident and the total damages are $100,000, the plaintiff’s award would be reduced by 20% to $80,000. However, it’s important to note that in New Mexico, plaintiffs can still recover damages as long as their percentage of fault is less than the combined fault of the other parties involved.
3. No-Fault Insurance
New Mexico is not a no-fault insurance state, which means that drivers involved in car accidents have the option to pursue compensation through either their own insurance company or by filing a lawsuit against the at-fault driver. However, New Mexico law requires drivers to carry liability insurance with minimum coverage limits for bodily injury and property damage.
The minimum liability coverage limits in New Mexico are:
- $25,000 for bodily injury or death per person
- $50,000 for bodily injury or death per accident
- $10,000 for property damage per accident
These minimum coverage limits provide a basic level of protection for individuals injured in car accidents, but they may not be sufficient to cover all damages in serious accidents. Therefore, it’s advisable for drivers to consider purchasing additional coverage beyond the minimum requirements.
4. Dog Bite Liability
In New Mexico, dog owners can be held liable for injuries caused by their pets under the state’s dog bite statute. Unlike some other states, New Mexico does not have a specific dog bite statute, but rather relies on principles of negligence to hold dog owners responsible for injuries caused by their pets.
Under New Mexico law, dog owners can be held liable for injuries if:
- The dog had a known propensity for aggression or violence.
- The owner failed to take reasonable precautions to prevent the dog from causing harm.
Additionally, New Mexico follows a “one-bite rule,” which means that dog owners may be held strictly liable for injuries if they were aware of their dog’s dangerous tendencies prior to the incident. However, if the owner had no reason to know that their dog was dangerous, they may only be held liable if they were negligent in controlling their pet.
5. Damage Caps
In New Mexico, there are no statutory caps on economic or non-economic damages in personal injury cases. Economic damages include medical expenses, lost wages, and property damage, while non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
However, there is a cap on punitive damages, which are intended to punish the defendant for particularly egregious conduct. In New Mexico, punitive damages are capped at the greater of $300,000 or three times the amount of compensatory damages awarded to the plaintiff.
Navigating the complexities of personal injury law can be challenging, but understanding the key laws and regulations governing these cases is essential for anyone involved in a personal injury claim in New Mexico. From the statute of limitations to comparative negligence and liability rules for dog bites, knowing your rights and responsibilities under the law can help ensure that you receive fair compensation for your injuries. If you’ve been injured due to the negligence of another party, it’s important to consult with an experienced personal injury attorney to protect your rights and pursue the compensation you deserve.
