PERSONAL INJURY DEMAND LETTER — NEW MEXICO

FOR SETTLEMENT PURPOSES ONLY — PROTECTED UNDER NMRA 11-408

ATTORNEY INFORMATION

Law Firm: [________________________________]

Attorney Name: [________________________________], Esq.

New Mexico Bar No.: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________], NM [__________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

LETTER DATE AND DELIVERY

Date: [__/__/____]

Via: ☐ Certified Mail, Return Receipt Requested ☐ Email ☐ Facsimile ☐ Hand Delivery

ADDRESSEE — INSURANCE COMPANY / CLAIMS DEPARTMENT

To:

Insurance Company: [________________________________]

Claims Department / Adjuster: [________________________________]

Adjuster Direct Telephone: [________________________________]

Adjuster Email: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

CLAIM INFORMATION

I. INTRODUCTION AND PURPOSE

Dear [________________________________]:

This firm represents [Client Full Name] ("Claimant") in connection with personal injuries sustained on [__/__/____] as a result of the negligence of your insured, [Insured Full Name] ("Tortfeasor"), in [City/Town], [County] County, New Mexico.

This letter constitutes a formal demand for settlement of the above-referenced claim. The Claimant has completed active medical treatment, and we are now in a position to present a comprehensive demand supported by medical documentation, billing records, and applicable New Mexico law.

This correspondence is intended for settlement purposes only and is protected under NMRA Rule 11-408. Nothing herein shall be construed as a limitation on the damages recoverable by the Claimant should litigation become necessary.

We have been authorized by our client to resolve this claim and to negotiate a fair and reasonable settlement on [his/her] behalf.

II. FACTUAL BACKGROUND

A. Incident Description

On [__/__/____], at approximately [____] [a.m./p.m.], Claimant was [describe activity — e.g., operating a motor vehicle, walking as a pedestrian, a passenger in a vehicle] at or near [________________________________] in [City/Town], [County] County, New Mexico.

At that time, your insured, [Insured Full Name], was operating a [Year, Make, Model, Color] motor vehicle bearing New Mexico license plate number [________________________________].

[Describe the specific negligent conduct and how the incident occurred. Include directional details, traffic conditions, and sequence of events.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Police Report and Investigation

The incident was investigated by the [________________________________] Police Department / [County] County Sheriff's Office / New Mexico State Police. The investigating officer was [Officer Name], Badge No. [____]. The police report was assigned Report No. [________________________________].

Police Report Findings:
- ☐ Your insured was issued a traffic citation for: [________________________________]
- ☐ Your insured was found to have violated NMSA § 66-: [________________________________]
- ☐ Your insured was charged with: [________________________________]
- ☐ Witnesses were identified and statements taken
- ☐ Diagram/photographs were included in the report

C. Scene and Conditions

D. Emergency Response

• ☐ Claimant was transported by ambulance to [Hospital Name]
• ☐ Claimant was airlifted to [Trauma Center Name]
• ☐ Claimant was transported by private vehicle to [Hospital/Facility]
• ☐ Claimant was treated and released from the emergency department
• ☐ Claimant was admitted to the hospital for [____] days

III. LIABILITY ANALYSIS

A. Negligence Under New Mexico Law

Under New Mexico law, a plaintiff in a negligence action must establish: (1) a duty recognized by law requiring the defendant to conform to a certain standard of conduct; (2) a failure of the defendant to conform to the required standard; (3) a reasonably close causal connection between the defendant's conduct and the resulting injury; and (4) actual loss or damage. See Herrera v. Quality Pontiac, 134 N.M. 318 (2003).

Your insured owed a duty of care to all persons lawfully on the roadway, including the Claimant. Your insured breached this duty by:

• ☐ Failing to maintain a proper lookout — NMSA § 66-7-301
• ☐ Following too closely — NMSA § 66-7-318
• ☐ Failing to yield the right of way — NMSA § 66-7-328 et seq.
• ☐ Running a red light or stop sign — NMSA § 66-7-106
• ☐ Speeding — NMSA § 66-7-301
• ☐ Reckless driving — NMSA § 66-8-113
• ☐ Driving under the influence — NMSA § 66-8-102
• ☐ Improper lane change — NMSA § 66-7-317
• ☐ Failure to signal — NMSA § 66-7-325
• ☐ Using a handheld device while driving — NMSA § 66-7-374
• ☐ Other: [________________________________]

B. Pure Comparative Fault — Scott v. Rizzo

New Mexico follows the doctrine of pure comparative fault as established in Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981). Under this doctrine, a plaintiff's recovery is reduced by the percentage of fault attributable to the plaintiff but is never completely barred, regardless of the plaintiff's percentage of fault.

In this case, the Claimant bears zero (0%) fault for the incident. Your insured is 100% at fault. [If partial fault is acknowledged, address proportionate analysis here.]

C. Several Liability — NMSA § 41-3A-1

New Mexico has abolished joint and several liability. Under NMSA § 41-3A-1, in any action to which the doctrine of comparative fault applies, each defendant is severally liable only for the percentage of fault attributed to that defendant by the trier of fact.

[If multiple tortfeasors are involved, describe the allocation of fault among defendants here.]

IV. INJURIES AND MEDICAL TREATMENT

A. Nature of Injuries

As a direct and proximate result of the incident, the Claimant sustained the following injuries:

Primary Diagnoses:

• ☐ Cervical spine injury — [________________________________]
• ☐ Lumbar spine injury — [________________________________]
• ☐ Thoracic spine injury — [________________________________]
• ☐ Traumatic brain injury / Concussion — [________________________________]
• ☐ Fracture(s) — [________________________________]
• ☐ Herniated disc(s) — [________________________________]
• ☐ Disc bulge(s) / Protrusion(s) — [________________________________]
• ☐ Radiculopathy — [________________________________]
• ☐ Rotator cuff tear / Shoulder injury — [________________________________]
• ☐ Knee injury — [________________________________]
• ☐ Soft tissue injuries — [________________________________]
• ☐ Lacerations / Contusions / Abrasions — [________________________________]
• ☐ PTSD / Anxiety / Depression — [________________________________]
• ☐ Other: [________________________________]

ICD-10 Diagnostic Codes:

B. Chronological Treatment History

1. Emergency / Acute Care

2. Diagnostic Imaging

3. Specialist Consultations

4. Physical Therapy / Chiropractic / Rehabilitation

5. Injections / Procedures

6. Surgical Intervention

7. Mental Health Treatment

8. Prescription Medications

C. Current Medical Status and Prognosis

Dr. [________________________________] has opined, within a reasonable degree of medical probability, that the Claimant's injuries are [permanent / have reached maximum medical improvement / require ongoing treatment].

Current Symptoms:

• ☐ Chronic pain in [________________________________]
• ☐ Restricted range of motion in [________________________________]
• ☐ Numbness/tingling in [________________________________]
• ☐ Headaches — frequency: [________________________________]
• ☐ Sleep disturbance
• ☐ Cognitive difficulties
• ☐ Emotional distress / Anxiety / Depression
• ☐ Other: [________________________________]

Future Medical Needs:

• ☐ Ongoing physical therapy — estimated cost: $[________] per year
• ☐ Future surgical intervention — estimated cost: $[________]
• ☐ Pain management — estimated cost: $[________] per year
• ☐ Future diagnostic imaging — estimated cost: $[________]
• ☐ Prescription medications — estimated cost: $[________] per year
• ☐ Durable medical equipment — estimated cost: $[________]
• ☐ Home health care — estimated cost: $[________]
• ☐ Life care plan has been prepared by: [________________________________]

V. DAMAGES CALCULATION

A. Economic Damages

1. Past Medical Expenses

2. Future Medical Expenses

3. Lost Wages — Past

Supporting Documentation: ☐ Employer verification letter ☐ Tax returns ☐ Pay stubs ☐ W-2 forms

4. Lost Earning Capacity — Future

Vocational Expert: [________________________________]

5. Other Economic Damages

B. Non-Economic Damages

Note: New Mexico does NOT impose any statutory cap on non-economic damages in standard personal injury cases.

C. Total Damages Summary

VI. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

B. Claimant's Own Coverage (First-Party)

MedPay / Medical Payments Coverage

UM/UIM — Uninsured/Underinsured Motorist Coverage

☐ UIM claim is being asserted. Tortfeasor's limits of $[________] are insufficient to compensate Claimant's damages.
☐ UM claim is being asserted. Tortfeasor was uninsured.

C. Additional Coverage Sources

• ☐ Umbrella / Excess Policy: $[________]
• ☐ Health insurance subrogation lien: $[________] — Carrier: [________________________________]
• ☐ Workers' compensation lien: $[________]
• ☐ Medicare/Medicaid conditional payments: $[________]
• ☐ ERISA lien: $[________]

D. New Mexico Minimum Insurance Requirements

New Mexico requires the following minimum automobile liability insurance (NMSA § 66-5-215):

New Mexico is a tort (fault-based) state — it does NOT have a no-fault auto insurance system.

VII. PREJUDGMENT INTEREST — NMSA § 56-8-4

Under NMSA § 56-8-4, interest on money judgments accrues as follows:

• Standard tort actions: Interest at eight and three-fourths percent (8.75%) per year.
• Tortious conduct involving bad faith, intentional, or willful acts: Interest at fifteen percent (15%) per year.

Interest accrues from the date the cause of action arises.

In this case:
- Date of Loss: [__/__/____]
- Applicable interest rate: [____]% per year
- Interest begins accruing from: [__/__/____]
- Daily accrual on total damages of $[________]: $[________] per day

The accrual of prejudgment interest at New Mexico's relatively high statutory rate constitutes a significant additional cost if this matter proceeds to trial. We strongly recommend resolution of this claim prior to the commencement of litigation.

VIII. PUNITIVE DAMAGES — UJI 13-1718 NMRA

☐ This section is applicable to this claim.

Under New Mexico law and UJI 13-1718 NMRA, punitive damages may be awarded when the plaintiff proves by clear and convincing evidence that the defendant's conduct was malicious, reckless, wanton, oppressive, or fraudulent.

New Mexico imposes NO cap on punitive damages. This is a significant consideration in evaluating the exposure in this case.

Basis for Punitive Damages Claim:
[________________________________]
[________________________________]
[________________________________]

☐ This section is NOT applicable — Punitive damages are not being sought at this time but are reserved as a right should evidence of egregious conduct emerge during litigation.

IX. COLLATERAL SOURCE RULE

New Mexico follows the traditional collateral source rule. Under established New Mexico case law, compensation received from a collateral source (e.g., health insurance, disability benefits) does NOT reduce the damages recoverable from the tortfeasor. See Gutierrez v. City of Albuquerque, 96 N.M. 398 (Ct. App. 1981).

This means the full amount of medical bills incurred — not merely the amount paid by insurance — is recoverable as damages.

X. SETTLEMENT DEMAND

Based upon the foregoing analysis of liability, injuries, damages, and applicable New Mexico law, the Claimant hereby demands the sum of:

$[________________________________]

This demand is supported by total economic damages of $[________] and non-economic damages of $[________], and accounts for the Claimant's injuries, ongoing medical needs, and the impact on [his/her] quality of life.

Response Deadline: We respectfully request a substantive response to this demand within thirty (30) days of receipt, no later than [__/__/____].

This demand will remain open for the stated period. Failure to respond or to make a good-faith offer within the specified timeframe will result in the immediate filing of a Complaint in the [County] County District Court, State of New Mexico.

XI. STATUTE OF LIMITATIONS NOTICE

The statute of limitations for this claim is THREE (3) YEARS from the date of loss under NMSA § 37-1-8.

• Date of Loss: [__/__/____]
• SOL Expiration Date: [__/__/____]

We will not permit the statute of limitations to expire pending resolution of this claim. A Complaint will be filed in advance of the expiration date regardless of the status of settlement negotiations.

XII. RESERVATION OF RIGHTS

The Claimant reserves all rights, claims, and causes of action available under New Mexico law, including but not limited to:

• ☐ Negligence
• ☐ Negligence per se (statutory violation)
• ☐ Reckless conduct
• ☐ Gross negligence
• ☐ Punitive damages (UJI 13-1718 NMRA)
• ☐ Negligent entrustment
• ☐ Respondeat superior / Vicarious liability
• ☐ Dram shop liability (NMSA § 41-11-1)
• ☐ Products liability (NMSA § 56-12-1 et seq.)
• ☐ Premises liability
• ☐ Loss of consortium (spouse)
• ☐ Wrongful death (NMSA § 41-2-1) / Survival action
• ☐ Bad faith failure to settle
• ☐ Other: [________________________________]

The presentation of this demand does not constitute a waiver of any claim or right, nor does it limit the damages that may be sought in litigation.

XIII. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

The following documents are enclosed with this demand for your review:

Medical Records and Bills

Other Documentation

XIV. SIGNATURE BLOCK

We trust that your review of the enclosed documentation and this demand letter will confirm the full extent of the Claimant's injuries and the reasonableness of our demand. We look forward to a prompt and fair resolution of this claim.

Should you have any questions or require additional documentation, please do not hesitate to contact our office.

Very truly yours,

[________________________________]

[________________________________], Esq.
Attorney for Claimant
New Mexico Bar No. [________________________________]

[Law Firm Name]
[________________________________]
[________________________________], NM [__________]
Tel: [________________________________]
Fax: [________________________________]
Email: [________________________________]

XV. SOURCES AND REFERENCES

New Mexico Statutes and Rules

• NMSA 1978 § 37-1-8 — Statute of Limitations for Personal Injury (3 years)
• NMSA 1978 § 41-2-1 et seq. — Wrongful Death Act
• NMSA 1978 § 41-2-2 — Wrongful Death Statute of Limitations (3 years from death)
• NMSA 1978 § 41-3A-1 — Several Liability (Joint Liability Abolished)
• NMSA 1978 § 41-4-1 et seq. — New Mexico Tort Claims Act
• NMSA 1978 § 41-4-19 — Tort Claims Act Liability Caps ($750,000/$1,500,000)
• NMSA 1978 § 56-8-4 — Interest on Judgments (8.75% standard; 15% bad faith/intentional)
• NMSA 1978 § 66-5-215 — Minimum Auto Liability Insurance (25/50/10)
• UJI 13-1718 NMRA — Punitive Damages Jury Instruction

Key Cases

• Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981) — Pure comparative fault adopted
• Herrera v. Quality Pontiac, 134 N.M. 318, 73 P.3d 181 (2003) — Elements of negligence
• Gutierrez v. City of Albuquerque, 96 N.M. 398 (Ct. App. 1981) — Collateral source rule
• Clay v. Ferrellgas, Inc., 118 N.M. 266 (1994) — Punitive damages standard

This template is provided by ezel.ai for use by licensed attorneys. It does not constitute legal advice. All statutory citations should be verified before use. New Mexico law requires that demand letters in personal injury cases be prepared or reviewed by a licensed attorney.