A tort is a wrongful act (other than a breach of a contract) that creates civil legal liability for money damages—and in some situations entitles the injured party to injunctive relief—an injunction or court order for the person or entity committing the wrongful act to stop a certain behavior or action. A person who commits a tort is known as a tortfeasor.
Torts are often associated with personal injury claims, as many torts can cause personal injuries. These claims and the related law are sometimes broadly referred to as tort law.
In New Mexico, as in other states, tort law governs civil wrongs that cause harm or loss to individuals, which are not breaches of contract and are not exclusively penalized under criminal law. When a person or entity commits a tort, they may be held liable for damages incurred by the injured party. Common examples of torts include negligence, which can lead to personal injury claims, as well as intentional torts like assault or defamation. New Mexico operates under a comparative negligence system, which means that if both the plaintiff and defendant are found to be at fault, the court will assign a percentage of fault to each party, and the plaintiff's damages will be reduced by their percentage of fault. In some cases, the injured party may also seek injunctive relief, which is a court order requiring the tortfeasor to stop the harmful action. Tort claims in New Mexico are subject to statutes of limitations, which set deadlines for when a lawsuit must be filed. An attorney specializing in tort law can provide specific guidance on pursuing a tort claim in the state.