New Mexico Personal Injury Law

The following summary of New Mexico personal injury laws and theories of liability will help you understand important aspects of injury claims in this state...

New Mexico Statute of Limitations:

• Any Personal Injury: 3 years
• Medical Malpractice: 3 years
• Products Liability: 3 years

Caps on Personal Injury Awards in New Mexico:

There is a cap on medical malpractice cases of $600,000 which does not include punitive damages, medical expenses and future medical expenses.

There is no cap on attorney's fees for medical malpractice cases. New Mexico also has a Patient Compensation Fund from which damage awards that exceed a certain dollar amount are drawn.

New Mexico Serious Injury Threshold:

There is no serious injury threshold in the state of New Mexico.

New Mexico is a Fault state, which means that an insurance adjuster will first review who is at fault before accepting liability. New Mexico has also adopted a pure comparative negligence theory, therefore damages may be reduced by the fault of the injured party.

Personal Injury Claims & Theories of Liability in New Mexico:

Wrongful Death: If an individual dies as a result of the negligence of another, that negligent party may be liable to the estate or survivors of the victim.

Slip and fall: If an individual slips, falls and injures himself on the premises of another, the owner of the premises may be liable for the injuries.

Auto Accidents: When a negligent driver injuries the property or person of another, they will be held liable for the injured party's damages. This may be reduced, however by the degree of fault of the injured party.

Medical Malpractice: Medical providers and hospitals who perform medical services below the standard of care expected in the community will be responsible for the damages of the injured patient subject to the damages caps discussed above.

Products liability: New Mexico follows the strict liability rule in reference to products liability cases holding manufacturers and distributors strictly liable for injuries that occur as a result of their products.

Workers' Compensation: New Mexico is a compulsory state meaning that employers are required to carry workers compensation insurance in the event that their employees are injured in the scope of employment.

For More Information Check out these sites:

Official New Mexico State Website

New Mexico Public Regulation Commission