New Mexico Personal Injury Legal Resources

Comparative Negligence in New Mexico

New Mexico’s pure comparative fault rule — you can recover damages even if you were partly at fault.

Key cite: Scott v. Rizzo (1981)

Statute of Limitations in New Mexico

3 years to file most PI claims in NM — government claims require 90-day notice.

Key cite: NMSA § 37-1-8

Pain and Suffering Damages in New Mexico

Non-economic damages in NM PI cases — calculation methods, documentation requirements.

Wrongful Death Claims in New Mexico

Who can sue and what damages are available when negligence causes a death in New Mexico.

Key cite: NMSA §§ 41-2-1 to 41-2-4

Uninsured Motorist Coverage in New Mexico

How UM/UIM coverage protects you when the at-fault driver is uninsured or underinsured.

Full Legal Glossary — New Mexico

A-Z glossary of PI legal terms with New Mexico-specific legal context.

Negligence in New Mexico

The four elements — duty, breach, causation, damages — plus negligence per se, gross negligence, and NM’s pure comparative fault rule.

Duty of Care in New Mexico

How legal duty is defined by relationship in NM — driver to road users, landowner to visitors, employer to employees, government entities under the Tort Claims Act.

Punitive Damages in New Mexico

When courts award punitive damages in NM — the wanton disregard or malice standard, no statutory cap, Dram Shop Act claims against bars.

Premises Liability in New Mexico

Landowner duties to invitees, licensees, and trespassers — plus the attractive nuisance doctrine and NM landlord liability under NMSA § 47-8-1.

Medical Liens in New Mexico

Hospital liens (NMSA § 48-8-1), Medicare subrogation, Medicaid, workers’ comp liens — what gets paid from your settlement and how attorneys negotiate them down.

Key cite: NMSA § 48-8-1

Loss of Consortium in New Mexico

Compensation for a spouse’s loss of companionship when their partner is seriously injured — who can claim it and how NM courts calculate it.

Personal Injury Demand Letters in NM

What goes in a demand letter to a New Mexico insurer, when to send it, and how demand strategy affects your final settlement amount.

Respondeat Superior in New Mexico

How employers can be held liable for their employees’ negligent acts — key doctrine in truck accident and delivery driver cases in NM.

Structured Settlements in New Mexico

Lump-sum vs. structured settlement payments — the tax advantages, tradeoffs, and when a structured arrangement benefits seriously injured NM plaintiffs.

Government Tort Claims in New Mexico

How to sue the state or local government in NM — the Tort Claims Act waiver categories and the critical 90-day notice requirement (NMSA § 41-4-16).

MedPay Coverage in New Mexico

Medical Payments (MedPay) coverage — how it pays your medical bills after an accident regardless of fault, and how it interacts with NM’s UM/UIM requirements.

Independent Medical Examinations (IME) in NM

What an IME is, why New Mexico insurers request them, and how to protect yourself when an insurance company sends you to their chosen doctor.