Dedicated Attorneys Serving Deming, New Mexico
Residents of Luna County face the risk of accidents every day. But when an accident is the result of negligence, recklessness, or similar misconduct, the injured victim has the right to seek compensation. If you have been hurt in an accident, our qualified Deming, New Mexico, personal injury attorneys can assist you in identifying the responsible parties and holding them accountable in court.
Some of the more common types of accidents we deal with are:
How Do I Prove the Defendant’s Negligence?
It is not enough in a personal injury case to say the defendant did something wrong. The plaintiff must prove the defendant owed some duty, which was breached, and that said breach actually caused the plaintiff’s injuries. In a car accident, for instance, all drivers have a legal duty to operate their vehicles in a safe manner and obey all state and local traffic laws. A breach of that duty–say running a red light and hitting a car lawfully in the intersection–can demonstrate the driver was negligent.
But even after proving the defendant’s negligence, the plaintiff must still connect the accident to a compensable injury. This means providing the court with records demonstrating the plaintiff’s medical expenses, lost income, and other economic and non-economic damages. Gathering and presenting all of this evidence can be a significant undertaking–which is why you should work with an experienced Deming accident lawyer who understands the process.
What If the Accident Was Partly My Fault?
Some people incorrectly believe they cannot file a personal injury lawsuit if they were even partly to blame for the accident. Indeed, some defendants and insurance companies may lead a victim to believe that is how the law works. But that is not so.
New Mexico follows a “pure comparative negligence” rule in personal injury cases. What this means is that if a case goes to trial, the judge or jury must allocate fault for the accident among all responsible parties, including the plaintiff. Any award made to the plaintiff must then be reduced by his or her “comparative” fault.
For example, let’s say a plaintiff and defendant are in a car accident. The plaintiff suffered $100,000 in damages. The jury subsequently determines the defendant was 60 percent at fault and the plaintiff 40 percent. The plaintiff’s award is therefore reduced 40 percent to $60,000.
Let Our Attorneys Help You
An accident is a traumatic event. In the midst of recovering from your injuries and getting your life back to normal, the last thing you should worry about is dealing with the legal system on your own. The Lovett Law Firm has helped hundreds of accident victims like you in the Las Cruces and West Texas regions seek the compensation they deserve. Call us today at 575-523-5555 to schedule a free consultation.
