New Mexico has specific rules and statues that may affect your personal injury case. Knowing these rules can vastly influence how much you may be able to collect in damages. These are some common New Mexico laws which may be applicable to your case.
Time Limits- New Mexico has a statute of limitations of three years to file your case. This time limit extends from the date of the accident. Failure to file within the established deadline may result in the forfeiture of your right to bring the case to court. Therefore, it is important to retain counsel as soon as possible.
Shared Fault- The state of New Mexico employs a shared fault rule in all personal injury cases. Also known as “comparative fault”, this rule means that the amount of damages one may receive in a personal injury case shall be reduced by a percentage equal to their determined fault in the accident. For instance, if you are awarded $10,000, and are found to be 10% at fault for the accident, your damages would be cut by $1,000.
Damage Caps- New Mexico applies a damage cap in personal injury cases such as those involving medical malpractice. This limit on non-economic damages is set at $600,000 for medical malpractice. This cap does not include punitive damages or incurred medical costs.
Owner Liability for Animal Attack Cases- New Mexico observes the “one bite” rule in personal injury cases involving a dog or another animal. This means that the owner is only liable if they had previous knowledge that the animal was dangerous. This rule only absolves the owner in the first incident unless the animal was cruelly provoked by the injured party.
Injury Cases Against the Government- Claims against government agencies or entities in New Mexico have a much shorter time limit than other personal injury cases. All claims against the New Mexico government must be filed within ninety days of the accident. For this reason, it is important to retain counsel as soon as possible.
Contact us for representation in New Mexico.