Personal Injury Law in New Mexico

In order to file a personal injury claim in New Mexico there must be proof that the accused was acting in a dangerous manner and in doing so caused someone injury. New Mexico follows comparative negligence law, using the pure comparative fault rule. This states that even if a party is 99 percent at fault they are still entitled to compensation, however, this compensation is lowered based on the suing party’s percentage of fault. If there are multiple persons involved in the incident, those at fault must split the compensation due according to their own personal percentage of responsibility for the incident.

In New Mexico consumer product cases, strict liability law is in effect. In order to win in these kinds of cases the suing party must be able to prove that the product was flawed in a dangerous way which caused the injury at hand, and that this injury caused by the flawed product caused the suing party monetary losses due to physical damages and or pain and suffering.

Defendants found responsible must pay compensation for all medical expenses, all work lost, any personal items that were damaged, any additional costs directly relating to the incident, personal injuries, and any pain and suffering relating to the incident.

In the cases of medical malpractice it is usually best to consult a trained medical doctor specific to the field in which the incident occurred.

The statute of limitations in New Mexico is three years. If a claim is not filed within three years a claim can no longer be filed. Consult a qualified New Mexico Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.

The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.

Major Cities in New Mexico:


Las Cruces

Rio Rancho

Santa Fe



South Valley