If you’ve been injured in an accident in New Mexico due to someone else’s negligence, you may be entitled to compensation. This compensation, known as damages, can help cover the costs of your medical bills, lost wages, and other expenses associated with your injury. In this article, we’ll explain the types of damages you can claim in a New Mexico personal injury lawsuit.
Table of Contents
Economic Damages
Economic damages are those that have a specific monetary value and can be proven with receipts, bills, and other financial records. The two main types of economic damages in a personal injury case are:
Medical Expenses
Medical expenses are the costs associated with treating your injuries, including hospital bills, doctor’s visits, surgeries, physical therapy, prescription medication, and other related costs. To claim medical expenses as damages in your personal injury lawsuit, you must have proof of the expenses, such as receipts, bills, and hospital records.
Lost Income
Lost income includes any wages or salary that you lost as a result of being unable to work due to your injuries. This can include time off work for medical appointments, recovery time, and any long-term loss of earning capacity. To claim lost income as damages in your personal injury lawsuit, you must provide documentation such as pay stubs, tax returns, and letters from your employer.
Non-Economic Damages
Non-economic damages are those that are more difficult to quantify in financial terms. They are based on subjective experiences and feelings, such as pain and suffering, and emotional distress. The two main types of non-economic damages in a personal injury lawsuit are:
Pain and Suffering
Pain and suffering damages are intended to compensate you for the physical pain, discomfort, and overall suffering you experienced as a result of your injuries. These damages are often calculated based on the severity and duration of your injuries and the impact they have had on your daily life.
Emotional Distress
Emotional distress damages are intended to compensate you for the emotional trauma and mental anguish caused by your injuries. This can include anxiety, depression, insomnia, and other psychological effects. To claim emotional distress damages, you will need to provide evidence of your diagnosis and treatment from a mental health professional.
Punitive Damages
Punitive damages are less common in personal injury cases and are only awarded in cases where the defendant’s conduct was particularly egregious. These damages are intended to punish the defendant and deter similar conduct in the future. To claim punitive damages, you must show that the defendant acted with malice, fraud, or gross negligence.
Conclusion
If you’ve been injured in an accident due to someone else’s negligence, it’s important to understand the types of damages you may be entitled to. Economic damages, such as medical expenses and lost income, can be easily quantified with financial records. Non-economic damages, such as pain and suffering and emotional distress, are more difficult to quantify but can be just as impactful on your quality of life. Punitive damages are only awarded in extreme cases where the defendant’s conduct was especially egregious. Consulting with a personal injury attorney can help you understand your rights and ensure you receive the compensation you deserve.