Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. The term personal injury is also used to refer to a broad category of legal claims involving personal injuries or death.
Claims for personal injuries are generally known as torts—wrongful acts that are done intentionally or negligently, or for which there is liability without proving negligence (strict liability).
Personal injury claims are primarily a matter of state law and may be compensated by the court system if the injured person—also known as the claimant, or the plaintiff if a lawsuit is filed—can prove liability (another person or entity caused the personal injury) and damages (medical expenses, permanent disability, death).
In New Mexico (NM), personal injury law allows individuals who have suffered bodily injuries, emotional distress, or pain and suffering due to another's wrongful act to seek compensation. These wrongful acts, known as torts, can be intentional, negligent, or subject to strict liability, where fault is assigned without proving negligence. To succeed in a personal injury claim in NM, the injured party (claimant or plaintiff) must establish liability, showing that another person or entity caused the injury, and must also demonstrate damages, which can include medical expenses, permanent disability, or death. The compensation for these claims is typically handled through the state court system. New Mexico operates under a comparative negligence rule, which means that if the claimant is found to be partially at fault for their own injury, their compensation may be reduced proportionally. It's important for claimants to be aware of the statute of limitations in NM, which generally sets a deadline for filing a personal injury lawsuit.