How can I prove negligence in a catastrophic injury case?
Proving negligence in a catastrophic injury case in New Mexico requires a few things. First, it must be demonstrated that the defendant had a duty of care toward you or your loved one and that they failed to uphold that duty. This is often the most difficult part of negligence cases, as it requires an extensive amount of evidence. Second, it must be established that a direct and proximate relationship exists between the defendant’s breach of duty and the resulting damage to the victim. This can include medical records, witness testimony, and evidence of the defendant’s behavior that may have contributed to the accident. Third, it must be demonstrated that the victim suffered injury, including physical and/or emotional harm, as a result of the defendant’s negligence. This can include medical diagnosis and treatment, lost wages, and even pain and suffering. Ultimately, the burden of proof lies with the plaintiff, which means that they must provide convincing evidence that the defendant’s negligence caused the catastrophic injury. To do this, it is important to have an experienced attorney who can help guide you through the process and compile the necessary evidence.
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