Damages: What you are legally entitled to in New Mexico if you are injured by someone else’s Negligence
Most people do not understand the laws regarding damages and financial compensation in New Mexico if you or a family member have had the misfortune of being injured by another’s negligence or carelessness. Often, people are injured due to another personal, professional, employer or healthcare provider breaking of basic safety principles, putting us all in danger. This occurs in auto accident cases, trucking accident cases, medical malpractice situations, slip and falls, dangerous products, etc. When this happens you or your loved one are entitled by law to recover the fair-value of all the harm the negligent person caused to you and your family. A quick look at New Mexico’s Jury Instructions on Damages will give you an understanding of what the jury will decide in you or your loved one’s personal injury case. The New Mexico jury instructions, as well as court rules and statutes, can be accessed free here.
In New Mexico a Plaintiff is entitled to fair value for the medical expense they have incurred as a result of another’s negligence. A plaintiff is also entitled to recover for any nonmedical expenses they have incurred as well. Nonmedical expense is the reasonable value of any expense related to the injury that are not categorized as medical expense, such as caretaking expenses or transportation expenses.
Plaintiffs in New Mexico are also entitled to recover money damages for the pain and suffering they experienced and can reasonably expect to experience in the future as a result of the defendant’s negligence. There is no “one size fits all” approach on how much money you are entitled to due to your pain and suffering. Rather, every Plaintiff is different and how the pain and hardship they have suffered is explained to the jury and the jury then uses their judgment to decide a fair and reasonable monetary value to compensate the victim for the pain and suffering the Plaintiff was forced to endure.
In New Mexico, Plaintiff can also recover loss of enjoyment of life damages. Loss of enjoyment of life damages are meant to compensate a Plaintiff for the harm the Defendant caused which changed his or her life for the worse. Loss of enjoyment of life damages are separate from pain and suffering damages, and you are entitled to fair value for both. Again, there is no “one size fits all” approach to loss of enjoyment of life damages. Rather, each Plaintiff’s situation will be explained to the jury and it is up to the jury to use their reasonable and fair judgment to decide the fair monetary value a Plaintiff should receive as a result of their diminished life experience as a result of the Defendant’s negligence.
If you are unnecessarily injured by someone, you can also recover money damages for the nature, extent, and duration of the injuries you suffered. You are also entitled by law to receive financial compensation for the earnings you lost as a result, as well any anticipated future earnings you have to forego. If you had a pre-existing injury and the conduct of the Defendant caused an aggravation and made injury worse you are also entitled to recover for the aggravation the negligent defendant caused.
There are numerous ways to recovery money damages in New Mexico when someone has caused you harm as a result of their negligence. Above is just an overview of the damages that are available to New Mexico Plaintiff’s. We will look at other avenues of recovery in subsequent posts. Of course, every case is different and for a complete and free evaluation of your case, contact the New Mexico Personal Injury Attorney’s at Dominguez Law Firm, LLC.