Issue 141 – February / March 2018

New Guidelines for Determining Actual and Exemplary Damages in Mexican Civil Lawsuits for Personal Injury and Wrongful Death, by Gustavo Padilla

By Gustavo Padilla

As of April 2017, the manner of quantifying damages in Mexican civil liability lawsuits changed. Prior to such date, Mexico followed rules that provided a fixed cap on the amount of damages that could be claimed in wrongful death cases. Such determination varied, depending on the applicable laws of each Mexican state. In the past, it was common practice to use rules applicable to Mexico City, even if the incident or origin of the claim occurred in another state. This was because the applicable law in Mexico City established a broader range for these types of damages. Now, by virtue of the new binding legal precedent issued by Mexico’s Supreme Court, Mexico has a consistent set of rules that applies … read more