Picture it: you are driving down the road, following all the rules and listening to your favorite song at a reasonable volume, when suddenly another car runs a red light and slams into you.
No warning. No signs. No preparation.
Now, you are hurt, your car is damaged, and you are facing massive medical bills. At this point, you might be wondering how to approach the claims process (after all, you did not cause the accident, so why should you have to pay?), or maybe the insurer is offering you much less than you thought you deserved.
New Mexico does not have a personal injury negligence rule specifically. Instead, our civil laws hinge upon numerous concepts and case law that shape how courts: a) determine if negligence occurred and b) if so, who the liable party is.
In This Post
New Mexico personal injury lawyer Marc A. Grano explains negligence, how it works, and what you need to prove if you want to claim it. Grano Law Offices, P.C., wrote this post to help you understand your rights in general after an accident. Always seek legal advice for more personalized information.
Table of Contents
What Is Negligence?
Negligence is when a person fails to act in a way that a reasonable person would in similar circumstances, resulting in bodily injury to or the death of another person. It is essential to note that negligence does not imply intentional harm.
Examples of negligence include:
- Driving while distracted
- Failing to maintain safe conditions on a property
- Providing inadequate training or safety measures in the workplace
- Not keeping aggressive dogs behind a fence
Exceptions and Variations
There are certain exceptions and variations to the concept of negligence:
- Comparative negligence: If the injured party contributed to the accident, they may receive reduced damages.
- Gross negligence: This type of negligence is when extreme carelessness or recklessness causes an accident and injury, which may lead to increased damages.
- Negligence per se: This type of negligence occurs when someone violates a safety law, automatically establishing negligence if the violation caused the kind of harm the law intended to prevent.
Understanding how negligence works in New Mexico personal injury can be challenging; proving it requires careful analysis and evidence-gathering. It also requires you to establish the four elements of negligence, which we detail in the next section.
4 Elements of New Mexico's Personal Injury Negligence Rule
In New Mexico, personal injury cases often hinge on proving the at-fault party acted negligently, meaning they failed to exercise necessary reasonable care and caused your injuries.
You must typically prove four key elements to meet New Mexico’s personal injury negligence rule, including:
- Duty of care
- Breach of duty
- Causation
- Damages
Let’s explore each of these elements in more detail below.
Element 1. Duty of Care
The “Duty of Care” concept refers to the legal obligations that a person or entity owes to another by avoiding actions that cause foreseeable harm to others. It also assumes that everyone owes each other the duty to prevent foreseeable personal injuries.
Within the context of general personal injury law, examples of Duty of Care include:
- Animal attacks: Pet owners hold a Duty of Care to maintain control over their animals.
- Car accidents: Drivers owe others on the roadway a Duty of Care to drive their motor vehicle safely.
- Slip and fall accidents: Property owners hold a Duty of Care to keep their businesses and buildings safe for visitors and guests.
How the Law Determines Duty of Care
Courts consider several factors when determining the existence and scope of a duty of care:
- Foreseeability of harm: Was it reasonably foreseeable that the defendant’s actions could cause harm?
- Public policy: Are broader societal concerns impacting the court’s decision?
- Relationship between parties: What was the relationship between the plaintiff and defendant?
In essence, the duty of care underscores the importance of responsible behavior and preventing foreseeable harm with common sense. If another person fails to meet their duty of care to you, they could be liable for your injuries and financial losses.
Element 2. Breach
A breach occurs if someone fails to act reasonably when they owe another a duty of care. Courts apply the “reasonable person” standard to determine if a person’s actions meet the definition (i.e., did the defendant act as a reasonable person would have under the same circumstances?).
A breach of the duty of care might include:
- Animal attacks: The pet owner breached their duty of care by not walking their dog on a leash.
- Car accidents: The driver breached their duty of care by running a red light.
- Slip and fall accidents: The property owner knew an unsafe condition existed on their property and failed to remedy it.
Proving that a breach occurred without properly acquired and preserved evidence is challenging, especially when recovering from a severe accident. If you believe someone’s breach of duty of care caused your injuries, a personal injury lawyer, like Marc A. Grano, will explain your legal options concerning compensation for medical bills, lost wages, and pain and suffering.
Element 3. Causation
Causation establishes the link between someone’s actions and another person’s injury. It demonstrates that a breach of duty directly led to the harm suffered. You say the other person’s actions and an accident caused your injuries.
You must also establish two key components:
Cause in fact: The Cause in Fact test asks whether the injury would have occurred “but for” the at-fault driver’s actions. For example, if a driver runs a red light and causes an accident, their action is the cause of the resulting injuries.
Proximate Cause: The Proximate Cause test determines whether the injury was a reasonably foreseeable result of the at-fault driver’s actions. For example, a driver can reasonably foresee that speeding could cause a car accident.
Without meeting this standard, you cannot recover compensation for your injuries. Insurers may also try to downplay your injuries or blame other factors for the you suffered.
Proving Causation
Proving causation requires you to preserve and present admissible evidence. Admissible evidence may include:
- Expert opinion
- Eyewitness testimony
- Maintenance logs
- Medical records
- Photographs
- Police reports
- Written communications
- Other types of evidence
Causation and Comparative Fault
An accident could also involve multiple sources of causation, including the injured person’s negligence. Under these circumstances, New Mexico follows a pure comparative negligence rule under NMSA § 41-3A-1, allowing you to recover compensation reduced by your percentage of fault. For example, if you were found to be 20 percent at fault, you could still recover 80 percent of your losses.
Element 4. Damages
Damages are financial awards provided to an injured person to cover their losses from an accident or injury caused by someone else’s negligence, usually paid by an insurer. A claim or lawsuit aims to restore the injured party to the position they would have been in had the injury not occurred, covering immediate expenses and any long-term consequences.
While money may never truly compensate for a severe injury or lost life, it can help you pay for current and future expenses.
Types of Damages
Three types of damages are awarded during personal injury cases: economic, non-economic, and punitive. Below, we have outlined and provided examples of each type:
Economic Damages: These cover specific financial losses with a clear monetary value, such as:
- Current medical expenses
- Future medical expenses
- Lost wages
- Lost future earning capacity
- Rehabilitation costs
- Property damage
- Other out-of-pocket expenses
Non-Economic Damages: These compensate for intangible losses that are not easily quantifiable, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (impact on relationships)
Punitive Damages: Courts rarely award punitive damages but, in some instances, may order them to “punish” the at-fault party for their conduct and deter them (and others) from similar behavior.
Calculating Damages
Calculating damages can be complex, especially for non-economic damages, which are subjective and vary depending on the individual and their unique circumstances.
- Economic damages are the total of your quantifiable financial losses, including estimates for future expenses.
- Non-economic damages are more challenging to estimate and often involve the “multiplier method” or the “per diem” approach to assign a monetary value to intangible losses.
Factors Affecting Damages
Several factors can affect the recoverable damages in a personal injury case, including:
- Degree of the at-fault driver’s negligence
- Extent of your negligence (if any)
- Insurance coverage limitations
- Laws and precedents
- Severity of your injuries
- Permanency of injuries
If you have legal questions after an accident, meet with an experienced and knowledgeable personal injury law firm, like Grano Law Offices, P.C. We will help you understand the settlement amounts to which you may be entitled, preserve admissible evidence, and negotiate with insurers on your behalf (or, if necessary and at your discretion, present your case in court).
Do You Want New Mexico Personal Injury Legal Advice?
The legal team at Grano Law Offices, P.C. is ready to help. Our experienced and knowledgeable New Mexico personal injury lawyer is prepared to explain your legal rights and options at no cost or obligation. Schedule your Free Case Strategy Session by calling (505) 426-8711 or messaging us below.
