The pain and suffering you endure due to the preventable death of a loved one can never be fully equated to a dollar amount. However, the law in New Mexico recognizes the immense grief and mental anguish caused by a wrongful death and allows surviving loved ones to recover financial damages for these losses. Understanding how pain and suffering damages are calculated can help your family seek a fair amount.
What Is a Wrongful Death Case?
A wrongful death lawsuit in New Mexico allows the personal representative of a deceased person’s (decedent’s) estate to file a civil lawsuit in pursuit of financial compensation from the liable or legally responsible party. Someone can be held liable for a death if they were negligent (failed to use proper care), reckless or malicious in connection with the fatality.
What Does “Pain and Suffering” Include in a Wrongful Death Case?
A successful wrongful death case can lead to the recovery of both economic and non-economic damages (plus punitive damages, in some cases). Non-economic damages are also referred to as “pain and suffering.”
Damages can be awarded for two main types of pain and suffering in a New Mexico wrongful death case:
- The survivor’s emotional distress after the death of a spouse, parent or child.
- The deceased person’s pain and suffering from the time of the accident until death.
The emotional distress of a survivor can refer to mental anguish, grief, mourning, psychological trauma, depression, anxiety, or loss of consortium (the decedent’s love, companionship and care). Damages awarded for the victim’s pain and suffering may cover emotional distress as well as any physical pain endured up to death.
How Is Pain and Suffering Calculated?
Unlike economic damages, pain and suffering does not come with a specific dollar amount. No bill or receipt assigns a number to intangible losses. Instead, pain and suffering is calculated by a jury based on factors unique to the individual, such as how close their relationship was to the deceased person.
Insurance companies typically have their own equations and protocols for assigning a value in pain and suffering damages during a wrongful death claim. If the case ends up in court before a jury, the jury does not have to use any specific equation to determine a fair amount to award a plaintiff. However, two methods are commonly used.
Multiplier Method
The Multiplier Method takes the total amount of economic damages assigned to a plaintiff and multiplies it by a number between 1.5 and 5, chosen based on the level of pain and suffering endured by the individual. An example of this method in use is if the victim’s total economic damages were calculated at $800,000 and a multiplier of 4 was assigned, pain and suffering damages would total $3.2 million.
Per Diem Method
The Per Diem Method assigns a daily rate to pain and suffering, often close to the individual’s daily working wage. Then, this number is multiplied by the number of days the plaintiff experienced or is likely to experience pain and suffering related to the death. For example, if a daily rate of $350 was assigned for 100 days of emotional distress, pain and suffering damages would equal $35,000.
What Is the Average Pain and Suffering Award in a New Mexico Wrongful Death Case?
There is no accurate “average” pain and suffering damage award for a New Mexico wrongful death case. Damages are unique for each case and decided based on the individual factors involved. The value of a plaintiff’s pain and suffering can vary drastically, from several thousand dollars to multiple millions.
The age of the decedent at the time of death, whether he or she left behind a surviving spouse or minor child, the relationship the plaintiff had to the decedent, the psychological and mental impact the death had on survivors, and many other factors can affect pain and suffering calculations.
To gain an accurate understanding of how much your family may be awarded in pain and suffering damages as part of a New Mexico wrongful death claim, consult with a local attorney you can trust for fair and honest calculations. A lawyer can give you an honest estimate and help you seek maximum compensation in or out of court.
Does New Mexico Cap Pain and Suffering Damages?
In general, the State of New Mexico does not cap or limit the amount of damages that can be awarded for pain and suffering during a wrongful death case. This means a plaintiff can recover as much financial compensation in non-economic damages as a jury deems appropriate.
However, there are two notable exceptions:
- Medical malpractice wrongful death claim: state law limits the amount of compensation that can be awarded in pain and suffering during a medical malpractice claim based on the type of health care provider, from around $900,000 for an independent provider to $6 million for a hospital.
- Claim against a government entity: if the defendant in the wrongful death case is a state or municipal government, damages are capped at $750,000 total under the New Mexico Tort Claims Act. In addition, pain and suffering (as well as lost wages) is capped at $400,000.
If your wrongful death case does not meet either of these parameters, damages awarded for pain and suffering generally will not be subject to a legal cap or limit. Your wrongful death attorney can fight for full financial compensation for your emotional distress.
Tips for Maximizing the Outcome of Your Wrongful Death Case
The pain and suffering connected to the loss of a loved one’s life is often immense and immeasurable. Obtaining a fair and full amount of compensation for this intangible type of loss may take help from an experienced wrongful death attorney.
An attorney will know how to prove and clearly demonstrate your pain and suffering to an insurance company or jury for optimal results. Your lawyer can use evidence such as eyewitness statements, expert witnesses and carefully documented emotional distress to seek maximum compensation on your behalf.
An attorney in New Mexico will also know how to navigate the state laws involved in your case, such as statutes of limitations and damage caps. Your lawyer will use a wealth of knowledge to successfully handle your wrongful death claim while you focus on spending time with your family and healing.
Learn more about the potential value of your individual case during a free consultation with a wrongful death attorney at The Fine Law Firm.