If you’ve been injured in an accident in Roswell or anywhere in New Mexico, you may be facing a complex web of laws, insurance adjusters, and uncertainty about who is at fault. Every choice you make following an injury, including how you communicate and how you gather documentation, can impact the outcome and value of your personal injury claim.
At Crow Law Firm, we have spent nearly two decades helping individuals and families understand their legal rights, make informed decisions, and seek fair compensation. We are committed to guiding our clients through New Mexico negligence laws. Let’s examine how these laws work, what makes them different, and what steps you should take to protect your claim and your future.
How Are New Mexico Negligence Laws Different from Other States?
New Mexico uses a “pure comparative negligence” system, which is one of the most plaintiff-friendly approaches in the country. Under pure comparative negligence, anyone injured in an accident can recover damages even if they are found to be almost entirely at fault, as long as someone else bears even a small share of responsibility. This approach stands in contrast to states with modified comparative negligence rules, where you lose the right to recover if you are 51% or more at fault.
For example, if you were 80% responsible for an accident, you would still be able to recover 20% of your damages. In states with modified systems, you would recover nothing if over the state’s threshold.
New Mexico also differs in how non-economic damages, such as pain and suffering, are handled in most personal injury cases. Medical malpractice and claims against government agencies have strict caps on these damages.
What Steps Should I Take Right After an Accident to Strengthen My Injury Claim?
Your actions immediately after an injury are critical to your well-being and your legal case. First, always seek prompt medical attention. Even minor injuries can become serious, and fast treatment documents your injuries for future claims. Medical records are some of the strongest evidence you can provide to connect an accident to your physical condition.
Preserving evidence at the scene can make or break your case. We recommend you do the following whenever possible:
- Take clear photos of the accident scene, property damage, visible injuries, and anything else that might support your version of events.
- Collect names, contact information, and statements from any witnesses present. These witnesses may be hard to find later.
- Obtain the name and badge number of any law enforcement officer at the scene, and ask how to get a copy of their report.
- Store any damaged personal items as evidence; don’t repair or discard anything until your claim is resolved.
Most importantly, avoid making statements that could be taken as admitting fault. Even a simple “I’m sorry” may be used against you during insurance negotiations. Instead, stick to the facts. If an insurance adjuster contacts you for a recorded statement, be sure to consult with a legal professional first. Our team at Crow Law Firm provides clients guidance on what to say, and what to avoid, to support your case under New Mexico negligence laws.
What Types of Damages Can I Recover in a New Mexico Personal Injury Case?
After a serious injury, most people worry about immediate bills, but New Mexico law recognizes a wide range of losses. Injury victims may have the right to compensation for both economic and non-economic damages.
Economic damages typically include:
- Medical costs: This can include emergency treatment, surgery, rehabilitation, and future care expenses.
- Lost wages: Personal injury victims can recover compensation for lost income while recovering from injuries.
- Property damage: Victims may also seek compensation for damage to personal belongings, including vehicles and other personal items.
Non-economic damages are equally important. These recognize the real human impact that extends far beyond out-of-pocket costs, such as:
- Pain and suffering
- Emotional suffering
- Loss of enjoyment of life
- Loss of consortium
In situations where the at-fault party acted with intentional or grossly reckless conduct, punitive damages may also be considered. These are designed to discourage egregious behavior, rather than to compensate directly for a loss.
What Mistakes Could Harm My New Mexico Personal Injury Claim?
There are several common mistakes that can seriously weaken or even destroy a valid personal injury claim. First, avoid making statements, written or verbal, that imply you accept responsibility, especially on social media. These comments can be taken out of context and used by insurance companies to assign you a higher percentage of fault.
Missing doctor’s appointments, failing to follow prescribed care, or stopping medical treatment without a doctor’s recommendation may allow insurance companies to argue that your injuries are not as severe as claimed. Always maintain accurate records, keep all medical appointments, and follow your providers’ instructions closely. If you must stop or change treatment, document the reason carefully.
Never provide a recorded or formal statement to an insurer or opposing attorney without first seeking legal advice. Insurance adjusters are trained to ask questions that prompt damaging admissions or inconsistencies. Early legal counsel helps you avoid these traps.
Should I Consider Hiring a Personal Injury Attorney or Do It Alone?
Handling an injury claim may seem straightforward at first, but even “simple” cases can escalate quickly. Insurance companies have teams dedicated to protecting their bottom line, and they know how to use the law and technicalities to minimize or deny valid claims. In contrast, most injured individuals are navigating the process for the first time and may not realize that key deadlines, documents, or statements can impact the entire outcome.
A personal injury lawyer can:
- Handle direct communication with insurance companies: We help you avoid statements that could harm your claim.
- Collect and organize evidence: We gather medical bills and other essential documentation to fully support your case.
- Assist in evaluating full and fair case value: We help you understand what your claim may truly be worth.
- Guide you through New Mexico negligence laws: We advocate for your best interests during negotiations or litigation.
In Roswell and throughout New Mexico, local insight often makes a meaningful difference. Knowing the tendencies of area courts, insurance carriers, and opposing counsel can shape your approach and strategy. At Crow Law Firm, we combine our experience with personalized attention and explanation at each step, so our clients can make informed legal decisions with confidence. Whether you are facing mounting bills, unresponsive insurance companies, or uncertainty about your next move, professional guidance can be your most valuable asset.
If you want to understand your rights, find out what your case might be worth, or simply get honest feedback about your claim, call (575) 222-2702 today or message us online. We offer our legal services in English and Spanish.