Determining Negligence After a Serious Santa Fe Burn Injury
In October of 2020, two employees at New MexiCann Natural Medicine were severely burned in a workplace accident. On a Thursday afternoon at the company’s main campus on San Mateo Lane, an explosion—believed by experts to be caused by chemical extraction equipment—left both workers badly burned, one in critical condition. Like many burn injury accidents, this accident in Santa Fe New Mexico could have been avoided if the at-fault party was not negligent in their actions.
If you or a loved one has experienced burn injuries at work or elsewhere because of someone else’s recklessness, you deserve justice. Santa Fe burn injury attorneys can review the circumstances of your case and help you determine your best option moving forward. Our New Mexico injury attorneys at Carabin Shaw have been representing victims in personal injury lawsuits for over 28 years. From our experience and expertise, we know how to hold negligent parties accountable and get you the compensation you’re rightfully owed.Proving Negligence in a Rio Rancho NM Burn Injury Lawsuit
In a burn injury lawsuit, your case will hinge on whether you can prove the defendant’s negligence by a preponderance of the evidence. To win your case, you and your personal injury lawyer in Santa Fe will have to prove the following four key elements:
- The defendant owed you a duty of care
- The defendant breached their duty of care (negligence)
- The defendant’s negligence caused your accident and injuries
- You suffered damages because of those injuries
Determining negligence after a serious Santa Fe burn injury can be difficult for someone without legal experience to do alone. For the best chance at recovering the damages you deserve, work with a trusted lawyer you can count on.Common Ways Defendants Try to Disprove Fault
Legally, defendants are innocent until proven guilty, and they have a right to defend themselves. When a large settlement is on the line, defendants and their attorneys will do whatever it takes to disprove their liability.
Below are some of the most common ways that defendants will try to deny their fault for a burn injury in Santa Fe New Mexico:Trespassing
If you were injured on another’s property, they could argue that you were trespassing.Assumed Risk
One way defendants attempt to counter claims of liability is by proving the plaintiff understood certain risks and exposed themselves to these risks anyway.Comparative Fault
Defendants often attempt to put more blame on plaintiffs, lessening the percentage of damages that they’ll inevitably owe if found at fault.Employer Liability
If an employee caused your accident, they may try to place the blame on their employer’s negligence for hiring them or improperly training them, rather than being found liable themselves.Comparative Negligence in New Mexico and How It Will Affect Your Case
New Mexico is one of 13 states that has “pure” comparative negligence laws, meaning plaintiffs can recover damages when they are at fault for their accident as long as the defendant was partially responsible. Pure comparative negligence allows victims to recover damages even if they are up to 99% at fault instead of modified comparative negligence, which sets the threshold at either 50% or 51%.
Although they can collect damages if partially responsible for their accident, a plaintiff’s final damages will be reduced in accordance with their percentage of fault. For instance, if a plaintiff is found to be 50% at fault and they are awarded $100,000 in damages, they will only receive $50,000 after their reduction.
If you have questions about how comparative negligence laws will affect your settlement, talk to Santa Fe burn injury attorneys.Carabin Shaw Is a Trusted Law Firm Dedicated to Clients | Free Case Review
To get the compensation you deserve after a burn injury accident, you need the help of experienced personal injury lawyers in Santa Fe. The New Mexico injury attorneys at Carabin Shaw understand what it takes to determine negligence and build a compelling case to recover your maximum compensation. Don’t settle for less than you deserve. With the help of our law firm, you don’t have to suffer financially due to your burn injury. Call 800-862-1260 for a free consultation.