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How Comparative Negligence Can Help Injury Victims

  • When you’ve been injured in an accident, the personal injury claim process permits you to sue an at-fault party for damages. Most people think that only one person is responsible for an accident, but that’s not always the case. You could be injured in an accident that is partly another person’s fault and partly your fault.

    New Mexico’s comparative negligence rules could end up helping you. Read on to find out how.


    You Can Still Recover Damages Even if You Were Mostly to Blame

    Even if you hold a lot of blame for what happened, you can still file an injury claim against another involved party. You are suing them for the percentage of blame that they hold.

    Example: You are walking down the aisle at a grocery store when you slip on a spill in the middle of the aisle. There was a sign warning of a slippery floor, but because you were looking at the merchandise on the shelves, you didn’t see it.

    You are injured, and you deserve to be compensated for your injuries, but the store says you’re to blame for your injuries because you weren’t looking where you were going. However, after some investigating, you learn that the floor was wet for over an hour and no one took the time to clean it up.

    It may be determined that you hold 55 percent of the responsibility for the accident for not looking where you were going, and the store holds 45 percent of the blame for the accident for not cleaning up the spill. You can sue for the 45 percent of the blame the store holds.

    Something is certainly better than nothing.


    Reach Out to an Injury Attorney in Albuquerque

    After being injured in an accident, you likely have extensive losses, such as medical expenses, lost income, and the pain and suffering of your experience. You should be compensated for your losses when others hold some responsibility for your injuries.

    Call an Albuquerque personal injury attorney at Will Ferguson & Associates at 505-243-5566. You can also visit our website for more details about the personal injury process.