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MEXLAW > Insurance  > Determining a Personal Injury Case in Mexico

Determining a Personal Injury Case in Mexico

If you have experienced an injury, physically, emotionally or financially in Mexico, you may have grounds for a Personal Injury Case. The legal definition of personal injury refers to the harm done to the body caused by someone else’s actions. In the case of injuries occurring in tourist areas, resorts or tourism activities, the Tourism Law for the State of Quintana Roo clearly states that any tourism service provider must implement all necessary security measures to ensure the guest the safe enjoyment and use of facilities, goods, and services offered.

You have a claim for compensation and damages in Mexico if these points apply to your case:

  • The accident was not your fault.
  • There was negligence by another driver or a property owner which caused your injury. For instance, on the resort grounds, was there water on the floor that would cause a slip and fall? Was there improper maintenance or poorly lit areas which caused a guest to misstep?
  • You were injured and required medical attention.
  • You were unable to work, lost wages, or incurred medical and rehabilitation expenses.

Other personal injury practice areas include car, motorcycle and marine vehicle accidents, product liability, medical malpractice, premise liability (“slip and falls”), and wrongful death cases.

MexLaw’s mandate, initially, will be to negotiate and undertake the necessary measures in order to arrive at a settlement with the defendant regarding their liability for this incident. As is the case in any jurisdiction, it is advisable to achieve a mutually satisfactory settlement rather than litigate. But the goal is to obtain fair compensation for expenses and damages that the incident has caused you and your family. If the negotiation is successful, the process ends with the payment of the settlement amount. If not, then the case will go to court.  Litigation can take up to three years to obtain a final decision from the court.

Cost of legal service

A retainer will be requested to initiate legal services; this amount will be deducted from the final fee. The legal fees are based on a percent of the settlement and not collected until the case has been settled.

MexLaw advises anyone who has experienced an injury through no fault of their own to consult with an attorney and determine if you have the basis for a personal injury case. Contact@mexlaw.ca