Falling mishaps happen all the time to unsuspecting visitors of commercial establishments. These accidents can lead to minor injuries as well as devastating injuries with life-altering consequences.
Suppose you’ve experienced such an accident in New Mexico; you might wonder whether the severity of your injuries determines your eligibility to file a lawsuit.
What is a slip-and-fall lawsuit?
Owners of commercial establishments can be held liable for visitors’ slip-and-fall accidents at their premises. This is because commercial property owners should make every effort to prevent such accidents. You can pursue a slip-and-fall lawsuit against a commercial establishment when you get injured due to unsafe conditions at the premises.
Does severity of injury affect your right to sue?
The short answer is no—the severity of your injuries does not determine whether you can file a lawsuit. What matters is whether:
- The property owners failed at their obligation to keep their property reasonably safe for visitors
- The property owner’s negligence contributed to your accident
- You suffered damages as a result
Even minor injuries, such as sprains or bruises, can warrant a lawsuit if they result in:
- Medical bills
- Lost wages
- Other expenses
However, the acuteness of your injuries may influence the potential financial resources you can recover. For example, suppose you sustained severe injuries, such as a traumatic brain injury. In that case, you are likely to incur:
- Higher medical expenses
- Longer recovery times
- More significant pain and suffering
These factors will be considered when calculating damages.
Key considerations for filing a lawsuit
New Mexico’s statute of limitations for slip-and-fall injury claims is three years from the date of the falling accident. You should file your claim before this time elapses to avoid being barred from recovering the financial resources you’re owed.
Suppose you contributed to the slip-and-fall accident. In that case, your compensation may be reduced by the percentage of fault attributed to you. By enlisting dedicated legal guidance, you can better understand this concept and if it applies to your case.
In New Mexico, the severity of your injuries does not determine whether you can file a slip-and-fall lawsuit. What’s crucial is proving that the property owner’s negligence caused your accident and resulted in damages. Regardless of the acuteness of your injuries, consulting an experienced legal team to evaluate your case is important.