How To Calculate Damages In A New Mexico Personal Injury Case

If you have recently been involved in an accident or suffered an injury in New Mexico, you may be entitled to compensation for your damages. Damages refer to the losses you incurred as a result of the accident or injury, such as medical expenses, lost wages, and pain and suffering. Calculating damages in a personal injury case can be complex, and it is important to understand the factors that are considered when determining your compensation. Here are the key steps to calculating damages in a New Mexico personal injury case:

Step 1: Evaluate Your Economic Damages

The first step in calculating damages is to determine your economic damages. Economic damages refer to the monetary losses you incurred as a result of the accident or injury, such as medical expenses, lost wages, and property damage. To calculate your economic damages, you will need to gather documentation and evidence of your losses, including:

  • Medical bills and records
  • Receipts for out-of-pocket medical expenses
  • Pay stubs and tax returns to prove lost wages
  • Estimates or invoices for property damage

Once you have gathered all of the pertinent information, you can add up your economic damages to arrive at a total amount.

Step 2: Evaluate Your Non-Economic Damages

In addition to economic damages, you may also be entitled to compensation for non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. These losses can be more difficult to quantify, as they do not have a specific dollar value attached to them. However, non-economic damages are just as important as economic damages, as they can have a significant impact on your quality of life.

To calculate your non-economic damages, you will need to consider factors such as the severity of your injuries, the length of your recovery time, and the impact of the injury on your daily life. You may also need to provide evidence such as medical records, testimony from medical experts or mental health professionals, and statements from friends and family members who can attest to the impact of your injury on your life.

Step 3: Determine Your Comparative Fault

In New Mexico, personal injury damages are awarded according to a system known as comparative fault. This means that if you were partially responsible for the accident or injury, your damages may be reduced by the percentage of fault attributed to you. For example, if you were found to be 20% at fault for the accident, your damages would be reduced by 20%.

To determine your comparative fault, the court will consider factors such as whether you were following traffic laws, whether you were under the influence of drugs or alcohol, and whether you were distracted at the time of the accident. It is important to be honest about your own actions and take responsibility for any contributory negligence, as this can help to minimize the impact on your compensation.

Step 4: Consult an Experienced Personal Injury Attorney

Calculating damages in a personal injury case can be a complex process, and it is important to have the guidance and support of an experienced personal injury attorney. A skilled attorney can help you gather the evidence and documentation needed to support your claim, negotiate with insurance companies and opposing counsel, and ensure that you receive the full compensation you are entitled to under the law.

If you have been injured in an accident in New Mexico, it is important to act quickly and speak to an attorney as soon as possible. An experienced attorney can provide you with the guidance and support you need to navigate the legal system and obtain the compensation you deserve.

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