Most successful personal-injury lawsuits end in settlements, but others go to trial and involve complex litigation. If this happens, then the plaintiff will have to demonstrate that the defendant’s negligent behavior caused a specific injury.
But what constitutes “negligent” behavior? And how can defendants prove negligence in court? This article will examine that factors that constitute negligence in New Mexico.
In the meantime, read on to learn more about negligence laws in New Mexico:
What Constitutes Negligence?
There are three key factors that determine negligence: duty, breach and causation. “Duty” refers to a legal responsibility on behalf of the defendant. This responsibility may depend on the relationship between the victim and the defendant. In general, it must be established that the defendant had a responsibility to the plaintiff, and the plaintiff suffered an injury because this responsibility was not fulfilled.
If the plaintiff can prove that the defendant “breached” this duty, then the defendant may be liable for the victim’s accident-related expenses. For example, commercial property owners have a duty to maintain safe conditions for customers. If the property owner was aware of a potentially dangerous hazard and did not fix it, and this resulted in an injury, then this may constitute negligence by the property owner.
Even if the defendant was aware of a potential threat and did not address it, this does not necessarily mean that the victim’s lawsuit will be successful. The plaintiff must prove causation, which is a clear connection between the negligence and the injury.
All Personal-Injury Cases Are Unique
Although duty, breach and causation are factors in every personal-injury case, each of these accidents is unique. The specific facts surrounding your case will determine if the defendant had a duty toward you, if he or she breached that duty, and if this contributed to your injury.
Winning these cases often requires extensive evidence, including doctors’ records, police reports, eyewitness accounts and photographs. Sometimes, expert testimonies are necessary to support the plaintiff’s claim.
This is why the help of an experienced personal-injury lawyer may prove invaluable. Your attorney can help you gather evidence, structure your claim, handle settlement negations and litigate your case if it goes to court.