Pure Comparative Negligence
New Mexico follows pure comparative negligence, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. No bar to recovery regardless of fault percentage.
No Cap
No limit on non-economic damages
3 years for personal injury
Deadline to file your lawsuit
New Mexico follows pure comparative negligence, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. No bar to recovery regardless of fault percentage.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. Even at 99% fault, plaintiff can recover 1% of damages.
Additional research needed for specific cap amounts
$0
Based on reported cases in New Mexico
37,163
Personal injury lawsuits per year
New Mexico follows pure comparative negligence, allowing plaintiffs to recover even when more than 50% at fault. The Scott v. Rizzo (1981) case established this plaintiff-friendly standard.
New Mexico's oil and gas industry produces significant workplace injury litigation. Drilling accidents and oilfield injuries create complex liability cases.
The state has seen notable drunk driving accident cases, with New Mexico's dram shop laws creating liability for establishments that over-serve patrons.
New Mexico personal injury cases are filed in District Court, with 13 judicial districts. Bernalillo County (Albuquerque) handles the most civil litigation.
New Mexico follows the New Mexico Rules of Civil Procedure. The state uses case management and pretrial conferences.
New Mexico courts encourage settlement facilitation conferences. Mediation is available through the court system.
New Mexico attorneys are licensed by the New Mexico Supreme Court. New Mexico's pure comparative negligence makes it more plaintiff-friendly than many neighboring states.
The New Mexico Trial Lawyers Association is the state's primary plaintiff attorney organization. Oil and gas industry experience is valuable.
Contingency fees typically range from 33-40%. New Mexico has no general damage caps on personal injury claims.
New Mexico's statute of limitations for personal injury is 3 years under NMSA § 37-1-8. This applies to most negligence claims.
Medical malpractice has a 3-year statute of limitations. Claims against New Mexico government entities require 90-day notice under the New Mexico Tort Claims Act.
This calculator provides estimates only and is not legal advice. Laws in New Mexico are complex and individual case results vary. Consult a licensed New Mexico attorney for advice specific to your case.