Personal Injury Claims in New Mexico

If you have been injured in an auto accident or hurt because of the negligence of somebody else, you may be looking at ways to file a personal injury claim. New Mexico, like other states, has limitations/caps/ways to file a claim. We intend to help you with that process by providing some information that can assist you in filing that claim.

Statute of Limitations

A statute of limitations is set in place to put a limit on the time you can file a claim after it occurs. The period of time starts from the day of the injury or accident. The state of New Mexico has set a limit of 3 years from the time of the personal injury. This includes but is not limited to auto accidents.

What Auto Insurance Must you Carry in NM

Owning a car comes with the added responsibility of carrying insurance on that car. New Mexico has some minimum insurance requirements to the car insurance you must have:

  • $25,000 for bodily injury to or death of one person
  • $50,000 for bodily injury to or death of two or more people
  • $10,000 for property damage in any one accident

Of course these are only the minimums you must carry on your insurance, however, there are plenty extras you can add. For example:

  • Collision: Helps pay for damages to your car
  • Uninsured Motorist: covers you if you are involved in an accident caused by a driver that in uninsured.
  • Comprehensive: You would get this added to help pay for damages to your automobile caused by things like hail, tree falling, anything that is not collision-related.

Who is at Fault for an Accident in New Mexico?

New Mexico uses what is know as an “at-fault” system. The at-fault system means that whoever is at fault for damages or personal injury must pay. They are responsible for paying the claim if found to be at fault.
An example of this type of fault would be: You are driving on your way to work. You are in such a rush you miss that red light up ahead and run right through it hitting a car. Since this accident was 100% your fault you will be responsible for damages done to the car and any medical expenses of the person in the car. Although this accident could have been worse, the total amount of damages can be pricey.

Damage Caps in New Mexico

Damage caps in NM are based on what type of claim it is. For most personal injury claims there is no damage cap. However, if a New Mexico government employee is to blame for the injuries, there is a, $400,000 cap for non-economic damages such as pain and suffering. Nonetheless, if you have suffered a personal injury due to the actions of another party, such as an injury from a slip and fall incident or a car accident, you should consult with a New Mexico personal injury attorney to discuss how to recover any losses you may have incurred.

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