Comparative Fault – How Does it Impact Your Personal Injury Case


In the aftermath of an accident, determining fault can be complex, especially when multiple parties share varying degrees of responsibility. In New Mexico, the legal principle of comparative fault comes into play in such scenarios. Understanding how comparative fault works is essential if you find yourself partially at fault for your injuries. An Albuquerque personal injury attorney explains how comparative fault affects your personal injury case in accordance with New Mexico law.

Comparative Fault Explained

New Mexico follows the doctrine of “pure” comparative fault, which means that even if you are partially responsible for an accident, you can still seek compensation for your injuries. Under this principle, your recoverable damages are reduced by the percentage of fault assigned to you. For instance, if you are found 30% at fault for the accident and your total damages amount to $50,000, you would be eligible to recover $35,000 ($50,000 – 30% = $35,000).

Impact on Compensation

Comparative fault directly impacts the amount of compensation you can receive in a personal injury case. The more you are deemed at fault, the lower your potential recovery. It’s essential to work with a skilled personal injury attorney who can advocate for your rights and ensure that any assignment of fault is accurate and fair.

Evidence and Documentation

In New Mexico, evidence and documentation play a crucial role in determining the percentage of fault assigned to each party. Your attorney will work to gather evidence that supports your version of events and can help establish that the other party’s negligence was a significant factor in causing your injuries.

Negotiations and Settlements

When negotiating a settlement with the responsible party’s insurance company, your comparative fault may be a point of contention. Insurance adjusters often aim to minimize payouts, and they may attempt to attribute a higher percentage of fault to you than is warranted. The negotiation skills of a car accident lawyer in Albuquerque NM become invaluable in ensuring that your level of fault is accurately assessed and that your compensation is fair.

Proving the Other Party’s Negligence

In cases involving comparative fault, proving the other party’s negligence becomes even more crucial. To maximize your compensation, your attorney will need to establish that the other party’s actions were a significant cause of the accident and your injuries. This may involve presenting witness testimonies, accident reconstructions, medical records, and expert opinions to demonstrate the other party’s liability.

Navigating Legal Complexities

Navigating the legal complexities of comparative fault requires a deep understanding of New Mexico’s laws and precedents. Your attorney will need to build a comprehensive case that highlights the other party’s negligence while minimizing your own responsibility. This is where the expertise of a seasoned personal injury attorney can make a significant difference in the outcome of your case.

Consulting an Attorney

Given the intricacies of comparative fault in New Mexico, seeking legal representation is strongly advised if you’re involved in a personal injury case. An experienced personal injury attorney will guide you through the complexities of the legal system, ensure that your rights are protected, and work tirelessly to secure the maximum compensation you deserve.

While being partially at fault doesn’t bar you from seeking damages, it does impact the amount you can recover. With the guidance of a personal injury law firm in Albuquerque, you can navigate the legal landscape effectively, present a strong case for the other party’s negligence, and secure the compensation you need to recover and move forward.

The author is a qualified personal injury attorney working at a reputable personal injury law firm in Albuquerque for several years now. He often writes articles and blogposts on personal injury law for several online publications. Visit

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