Families often have questions after losing a loved one to a traumatic event. They want to know what happened, who is to blame, and what their next steps are.
And another concern is whether a wrongful death claim is still possible if the deceased shared any responsibility for the accident. New Mexico follows a pure comparative negligence system, and understanding how that works can help families make informed decisions about their options.
What is comparative negligence?
Comparative negligence is a legal doctrine used to allocate damages when more than one person contributed to an accident.
Some states bar recovery if the deceased person was even 1% responsible for their death. However, New Mexico allows the deceased’s surviving family members to recover damages, even if the deceased was mostly responsible for the accident. However, the amount recovered is reduced by the percentage of fault assigned to the deceased.
For example, a jury determines that a fatal car accident caused $1 million in damages. If the deceased was found to be 10% at fault, the recoverable damages would be reduced to $900,000. Even if the deceased was 75% at fault, the family could recover up to $250,000 from the other responsible party. New Mexico’s pure comparative negligence rule means even substantial fault on the part of the deceased doesn’t necessarily eliminate the right to pursue compensation.
Insurance companies often investigate whether the deceased contributed to the accident in an effort to reduce the amount they have to pay. They may allege the deceased:
- Was speeding
- Failed to wear a seatbelt
- Was distracted while driving
- Failed to seek medical treatment promptly after an injury
However, just because allegations were made doesn’t mean they are true. All available evidence must be reviewed when determining fault.
Wrongful death cases are rarely black and white, and questions about fault can make them even more complicated. If you have lost a loved one and believe another person’s negligence played a role, you don’t need to navigate the legal process on your own. A legal professional can evaluate the strength of your claim and pursue compensation you may be entitled to receive.