It is crucial to understand what negligence is when preparing a personal injury case because it is often the basis of many personal injury claims. Additionally, understanding negligence can help individuals navigate the legal process more effectively and increase their chances of a favorable outcome. 
 

Understanding Negligence and How It Can Impact Your Personal Injury Case

What is Negligence?

Negligence is a legal term that refers to a person's failure to exercise reasonable care, resulting in harm or injury to another person. In legal terms, negligence occurs when a person fails to act in a manner that a reasonable person would in the same situation. Negligence can occur in many different scenarios, including car accidents, medical malpractice, and slip and fall accidents.

How Does it Affect My Case?

Negligence can have a significant impact on your personal injury case. In New Mexico, negligence is a critical factor in determining liability in a personal injury case. New Mexico has adopted a comparative negligence law, which means that if you are partially at fault for an accident, you can still collect some compensation. However, the amount of compensation you receive will be reduced by your percentage of fault. For example, if you were 20% at fault for a car accident, and your damages were $10,000, you would only receive $8,000 in compensation.

To prove negligence in a personal injury case, you must demonstrate that the defendant owed you a duty of care, breached that duty of care, and that breach caused your injuries. For example, in a car accident case, the defendant owed you a duty of care to drive safely and obey traffic laws. If the defendant ran a red light, causing an accident and your injuries, they breached their duty of care, and their negligence caused your injuries.

If you have been injured due to someone else's negligence, it is essential to seek legal representation from an experienced personal injury attorney. Balderrama Law Firm LLC is a trusted personal injury law firm located in Carlsbad, NM. They have years of experience helping clients recover compensation for injuries caused by negligence. Contact them today at (575) 234-1111, or visit their website, for a free consultation.