In New Mexico, pain and suffering are considered non-economic damages, which means they are not easily quantifiable like medical expenses or lost wages. Instead, they encompass the physical pain, emotional anguish, and overall impact on your quality of life resulting from the accident. To effectively prove these damages, you must gather compelling evidence that illustrates the true extent of your suffering. This may include medical records, testimony from healthcare professionals, and statements from family and friends who have witnessed your struggles.
Dominguez Law is here to guide you through each phase of the personal injury process to ensure you receive the compensation you deserve. Our compassionate and aggressive lawyers will work with you so you receive the compensation you deserve.
What Are Pain and Suffering Damages?
Pain and suffering damages refer to the non-economic damages that an accident victim endures as a result of a car accident. Unlike economic damages, such as medical bills and lost wages, which can be easily calculated, pain and suffering compensation is subjective and varies from case to case.
In a personal injury case, proving pain and suffering involves demonstrating the extent to which the accident has affected your life. The goal is to clearly articulate how the car crash has disrupted your normal activities and led to significant changes in your quality of life.
Types of Pain and Suffering Damages
There are generally two main types of pain and suffering damages: physical pain and emotional pain. Physical pain relates to the actual bodily injuries sustained in the car accident, which may require ongoing medical treatment and rehabilitation. This type of damage not only accounts for immediate discomfort but also considers the long-term implications of the injuries, including chronic pain and limitations on physical activities.
Emotional pain and suffering, on the other hand, addresses the psychological impact of the accident. This can manifest as anxiety, depression, or post-traumatic stress disorder (PTSD), significantly affecting your quality of life.
Does Comparative Negligence Impact Pain and Suffering Damages?
In New Mexico, the doctrine of comparative negligence can impact personal injury cases, including those involving pain and suffering damages. Under this system, if you are partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For instance, if you are found to be 20% responsible for the car accident, your total compensation for pain and suffering would be reduced by that same percentage.
Ways to Calculate Pain and Suffering in New Mexico
Calculating pain and suffering in New Mexico often involves two primary methods: the multiplier method and the per diem method. The multiplier method takes the total economic damages – such as medical bills and lost wages – and multiplies that figure by a number typically ranging from 1.5 to 5, based on the severity of your injuries. The more severe the injuries, the higher the multiplier, which helps to reflect the pain and suffering endured.
Conversely, the per diem method assigns a daily monetary value to your pain and suffering, calculating compensation based on the number of days you have experienced discomfort. This method often requires a clearer articulation of your daily struggles and can make the emotional aspect of your pain more tangible.
Statute of Limitations for Car Accident Cases in New Mexico
The statute of limitations for personal injury cases in New Mexico is typically three years from the date of the accident. This deadline can significantly impact your ability to file a personal injury lawsuit, as failure to initiate your claim within this timeframe may result in the loss of your right to seek compensation.
Certain circumstances may affect the statute of limitations, such as the involvement of minors or the discovery of latent injuries. It is best to discuss your case with a personal injury lawyer to know for sure.
Schedule a Free Consultation with a Car Accident Attorney from Dominguez Law
If you are an accident victim seeking to prove pain and suffering in a car accident case, consider scheduling a free consultation with a personal injury lawyer from Dominguez Law. Our experienced attorneys can help you navigate the complexities of your personal injury claim, providing invaluable assistance in gathering evidence and calculating your damages. We understand the emotional and physical pain you are enduring and are committed to fighting for the compensation you deserve.
At Dominguez Law, we prioritize your needs and work diligently to ensure that your voice is heard throughout the legal process, including calculating non-economic damages. Call Dominguez Law at (505) 850-5854 or use our contact form.
