Can I still file a claim if I was partially at fault for my injury?

Yes, you may still be able to file a claim for your catastrophic injury in New Mexico even if you are partially at fault for your injury. The standard for determining liability in catastrophic injury cases is comparative negligence, which means that each party involved in an incident is assigned a percentage of the fault for the injury. If you are found to be partially at fault for your injury, you may still be able to receive some compensation for your injury. In New Mexico, the comparative negligence rule allows people to recover damages as long as they are not more than 50 percent at fault for their injury. If you are found to be 51 percent or more at fault for your injury, you will be barred from recovering any damages. Given this, it is important to understand what percentage of fault you may be assigned in your injury. If you are partially at fault, it is important to remember that you may still be able to recover some compensation for your injury if you file a claim in New Mexico. It is important to speak to a catastrophic injury attorney to better understand your rights and your potential for recovery.

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