The value of every car accident injury lawsuit is different. However, there are a few indicators that can clue you in as to how much your case may be worth, including medical bills, lost wages, and other forms of evidence. Due to the legal complexities surrounding accident injury claim valuations, it is best to speak with a New Mexico personal injury lawyer if you need personalized advice.
In This Article
A car accident injury lawyer in Las Vegas, New Mexico, discusses the different types of awards available after an accident injury, including what you should do if the insurance company refuses to pay you a fair settlement. We also share where to get legal advice on a personal injury case at no cost.
Table of Contents
Types of Compensation Available After a Car Accident Injury
New Mexico law allows injured parties or surviving family members to negotiate a settlement with an insurance adjuster, or, if that fails, file a lawsuit to recover damages for financial, physical, and emotional losses. Damages is the legal term for monetary awards in civil injury claims and lawsuits. There are three types of damages in a car accident injury lawsuit: economic, non-economic, and punitive damages.
Let’s take a closer look at each type below:
Type 1. Economic Damages
Economic damages are your direct, measurable losses. As such, they are easier to estimate since they can generally be proven through documentation. The insurance company will pay them according to the terms and conditions of your insurance policy.
Economic damages include things like:
- Medical expenses
- Lost wages and benefits
- Travel to and from doctors’ appointments
- Physical and psychological therapy
- Lost future earning capacity
- Future medical expenses
- Other economic damages
It is vital that you save your receipts, invoices, and statements, as they are the documents you submit to insurance companies and courts to prove your out-of-pocket expenses. Your personal injury lawyer can take over the documentation of your case if you choose to hire one, so that you can focus on getting better.
Type 2. Non-Economic Damages
Non-economic damages are the more challenging aspect to measure because they involve emotional, physical, and cognitive losses. You may need to hire experts to prove these types of losses.
Non-economic damages include injuries related to:
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of companionship
- Other non-economic damages
There are a few strategies I use when approaching negotiations or civil court proceedings in this area. Typically, courts will evaluate your total non-economic damages based on the severity of your injuries.
Type 3. Punitive Damages
Punitive damages are not often awarded in New Mexico personal injury lawsuits. They are reserved for making an example of defendants who exhibit the grossest acts of negligent or reckless behavior. Simply put, judges award them to plaintiffs in an effort to “punish” defendants deserving of additional action.
There are no damage caps as to how much you can recover for punitive damages in New Mexico. A personal injury attorney will communicate if they believe that your case is a good candidate for requesting these types of civil damages.
What to Do If the Insurance Company Does Not Offer a Fair Settlement?
After enduring the ordeal of car accident injuries and communicating with insurance companies, you may receive an insultingly low offer. Never accept anything less than what you deserve. Your settlement amount could potentially increase by working with a personal injury lawyer.
How are we able to achieve these results? The value of a car accident injury settlement is calculated by comparing it to the averages of previous settlements and resolutions for similar incidents involving similar injuries in the same venue. A car accident lawyer, like Marc A. Grano, will then investigate your accident to collect evidence for our side of the story while presenting our findings to the insurance company.
A New Mexico Car Accident Law Firm Can Help You Understand What to Anticipate
As you can see, there are several aspects of estimating personal injury and wrongful death lawsuits arising from a car accident in New Mexico. However, a car accident injury lawyer understands the local court’s approach and what you might expect regarding your losses. If you are considering your legal options, we highly recommend contacting our office as soon as possible.
There is a statute of limitations governing the time period within which you must file a claim in New Mexico, per NMSA § 37-1-8. Missing it will negatively impact the outcome of your case. Schedule a Free Case Evaluation now with Grano Law Offices, P.C. by calling (505) 426-8711 or sending us a confidential message below.
We take on actionable cases on a contingency fee basis, which means we do not require any upfront payment. Instead, we don’t get paid until you win your car accident injury case.
