Liability & Fault

In order to bring a personal injury lawsuit in New Mexico, whether it is an Auto Accident, Trucking Accident, Nursing Home Negligence & Abuse, Medical Malpractice, Slip and Fall, Premises Liability, or any other kind of accident, you must first prove that the negligence of the other party caused your injuries.

Without fault on the part of the other party, there simply is no claim for personal injuries. The New Mexico Uniform Jury Instructions 13-801 expressly states that the jury must first find liability on the part of the other party before the jury can address damages or harm. This means that the other party is responsible for your injuries.

This requires that the other party acted negligently and that the negligence was the cause of your injuries. No matter how severe your injuries, if they were not caused by the other party, then the other party is not responsible for your injuries. If there is no responsibility, then there can be no legal claim against the other party.

If you have been injured, it is important that you immediately begin documenting the cause of your injuries as well as the negligence of the other party. This means collecting all incident reports, police reports, medical records or any other documents indicating the cause of your injury as well as the negligence of the other party.

In addition, and equally important, you should identify witnesses as soon as possible. This is very important in auto accidents, trucking accidents, slip and fall accidents, and premises liability the case of Slip & Fall accidents and other premises liability cases. With medical malpractice and nursing home cases, the witnesses should be identified in the medical records. However, if there are civilian or non-medical witnesses, then you should obtain their names, addresses and phone numbers.

Careful documentation of your injuries, the cause of your injuries and the negligence of the other party must begin early. This documentation will go a long way toward the success of your personal injury claims.


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