A perspective of a law student from Puebla, Mexico on Personal Injury law in Mexico

Repairing the damage resulting from an accident is something in Mexico that can be processed in two ways, either criminally and civilly. If a person runs over to another, the victim has the right to sue for injuries (criminal) and payment of damages (civil) arising from the accident, damages being caused immediately, injuries caused at the time of the accident or after the accident. Daños (damages) refers to the damages that the victim suffered during the accident and perjuicios(also damages in English) includes the consequence of losing days of work activity, or any situation that the injury  don’t allow the victim to achieve.

A strategy in Mexico is suing by criminal way the injuries which the penalty could be prison, and suing for civil responsibility which is the payment of damages caused in the accident, with this 2 ways the responsible for the accident is pressed to pay fully the Compensation for damages.

Repairing the damage can go beyond the payment of therapy or medical care, but must also consider the subsequent consequences of the accident, compensate and meet the consequences for the victim; for example if a person lose a body part, that causes a consequence for a lifetime to his ability to develop certain jobs, and more activities that can no longer be carried the victim.  For the compensation also the victim can argue all aspects of his life that changed because of the accident, and this is considered when calculating the amount of compensation required.

Even the American Convention on Human Rights recognizes the compensation as a human right which we should considered that having this value of human right there is no doubt that we can sue for and demand.

There is also the moral damage (in Mexico) which includes the parameters in the damage to the image, public figure and honor of the victim, is another kind of damage that also could be calculated at the time of applying for compensation, all these elements at the end as for civil judges in Mexico, are in order to repair the damage but not to enrich the victim. This criteria is important because many people think they can sue for millions resulting from an accident, which may be correct in some cases but it depends on many elements in the accident and consequences to consider before performing this calculation.