A personal injury claim in New Mexico is an opportunity for an injured accident victim to be made whole again by recovering financial compensation for his or her losses. The compensation recoverable, also known as damages, will depend on the losses suffered. It is important to learn the true value of your injury case by consulting with a personal injury attorney in New Mexico before accepting an insurance settlement.
Medical Expenses
Most personal injury cases result in financial damages paid for the victim’s medical bills. A plaintiff or filing party could recover compensation for the full cost of his or her past and future medical care. Any medically necessary treatments could be recovered in the form of economic (monetary) damages, such as:
- Emergency care
- Ambulance fees
- Hospitalization
- Surgeries
- MRIs or x-rays
- Prescription medications
- Treatments from specialists
- Medical devices and mobility aids
- Long-term care
- Therapies or rehabilitation
- Around-the-clock aide
- Disability accommodations
Evidence proving the medical costs associated with a personal injury is necessary. It is recommended that the victim keep copies of all relevant medical care, itemized hospital bills and treatment costs. Medical expert testimony may also be necessary to prove the extent of the victim’s injuries and costs.
Lost Wages and Lost Capacity to Earn
Another type of economic damage award available to a personal injury claimant in New Mexico is lost wages. If an accident and injury takes a victim out of work, either temporarily or permanently, all income, wages and employment benefits lost as a result can be included in a personal injury claim.
Recoverable types of income include:
- Hourly wages
- Salary
- Self-employment income
- Tips
- Overtime pay
- Bonuses and commissions
- Retirement funds
- Any used vacation or sick days
In addition to damages awarded for wages lost from the date of the accident to the date of the claim filing, a victim with a long-term or permanent disability may also be eligible for lost capacity to earn damages. This provides compensation for all foreseeable lost wages due to the victim’s inability to return to work in the same capacity.
If an accident victim is too badly injured to return to his or her previous job or work in any capacity, lost future earnings can be compensated. These damages will be calculated based on the victim’s previous job and work history, injury severity, education, and age. An amount will be determined based on the number of years the victim likely would have continued to work were it not for the injury, adjusted for inflation.
Property Damage
Any property damage the victim suffered in the accident, such as damage to a motor vehicle in a car accident, can be paid for with a New Mexico personal injury claim. Compensation can be awarded to repair the damaged piece of property and restore it to its previous condition. If the property is destroyed, such as a totaled vehicle, the victim can instead receive an amount equal to the item’s full pre-accident value.
Pain and Suffering
“Pain and suffering” is a broad phrase that refers to many different types of non-economic damages, or intangible losses. Most personal injury cases involve non-economic damages for the personal losses suffered by the victim. Examples include:
- Physical pain or agony
- Chronic pain
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of independence
- Post-traumatic stress disorder (PTSD)
- Anxiety or depression
Pain and suffering damages are more difficult to calculate than types of economic compensation in New Mexico. A judge or jury may award any amount they deem appropriate based on the severity of the victim’s injury.
Loss of Consortium
A personal injury attorney may pursue financial compensation for loss of consortium if a victim is catastrophically injured in a way that deprives family members of certain things, such as the victim’s affection, household services, parental guidance, companionship, and sexual relations or intimacy. Loss of consortium damages may be awarded to close family members for the losses they suffered due to the victim’s serious injury.
Punitive Damages
Punitive damages are awarded in rare New Mexico injury cases that involve a defendant’s egregious misconduct. Punitive damages are meant to punish a defendant and deter future such acts of wrongdoing.
In New Mexico, punitive damages must be specifically requested by the plaintiff, who then has the burden of proving with clear and convincing evidence that the defendant acted in a way that was reckless, grossly negligent or maliciously intended to harm the victim.
Wrongful Death Damages
If an accident in New Mexico proves fatal for a victim, his or her family members may be eligible for wrongful death damages. Filing a wrongful death claim could result in financial compensation to make up for surviving family members’ tangible and intangible losses, such as:
- Reasonable funeral and burial costs
- Final medical bills
- Lost wages and inheritance
- Loss of consortium
- Loss of a loved one’s affection, companionship and guidance
Damages awarded in a wrongful death claim are distributed according to the New Mexico Wrongful Death Act. Typically, they will go to a surviving spouse, child, grandchild, parent or siblings.
How to Maximize Your Recoverable Damages
If you suffer an injury in a preventable accident in New Mexico, you may be eligible for a wide range of damages. It is critical to know how to maximize your financial recovery and achieve a fair settlement; otherwise, you may accept less than you deserve from an insurance company.
First, be wary of insurance claims adjusters. Don’t trust an insurance representative. It is generally recommended to speak to a personal injury lawyer before accepting a fast settlement offer or giving a recorded statement. Do not sign any settlement agreements or release of liability waivers before consulting with an attorney.
Do your best to thoroughly document your injuries and losses after your accident. This includes keeping copies of your medical bills, property repair estimates, lost wage forms and pictures of your injuries. Proof of your specific damages can be vital during insurance settlement negotiations.
Rather than handling your claim on your own, trust an attorney from The Fine Law Firm to negotiate and litigate your case for you. We will fight to achieve the case results that you need while you focus on healing from your injuries. Call (505) 889-3463 today for a free consultation.