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After a car accident, most people think about two things: getting their car fixed and getting their medical bills paid. But if someone else caused the accident, you are entitled to a lot more than that under New Mexico law. The problem is that the insurance company is not going to tell you about the full range of damages you can recover. They are hoping you do not know.
Here is everything you can claim.
Economic Damages: The Concrete Numbers
Economic damages are the losses you can put an exact dollar amount on. They include all of your medical expenses, both what you have already spent and what you will need to spend in the future. This covers emergency room visits, hospital stays, surgery, imaging and diagnostic tests, specialist visits, physical therapy, chiropractic care, prescription medications, medical devices like braces or wheelchairs, and any future medical treatment your doctors say you will need.
Lost wages are another major economic damage. If the accident caused you to miss work, you can recover every dollar of lost income. If your injuries are severe enough that you cannot return to your previous job, or if you have to take a lower-paying position, you can claim lost earning capacity, which covers the difference in what you would have earned over the remainder of your career.
Property damage covers your vehicle repairs or replacement value if it is totaled, plus any personal property that was damaged in the crash. Out-of-pocket expenses are also recoverable: rideshare costs because you cannot drive, childcare expenses because you cannot care for your kids, home modifications if your injuries require them, and any other costs directly resulting from the accident.
Non-Economic Damages: The Ones Insurance Companies Try to Minimize
Non-economic damages are harder to quantify but often make up the largest portion of a fair settlement. This is where the real value of your case lives, and it is where insurance companies fight the hardest to pay you less.
Pain and suffering covers the physical pain you endure during your recovery and any chronic pain that may last long after the accident. There is no formula in New Mexico for calculating this. It depends on the severity and duration of your pain, and how effectively your attorney presents it.
Emotional distress includes anxiety, depression, PTSD, sleep disorders, fear of driving, and the overall psychological impact of the accident. These are real injuries with real consequences, and they deserve real compensation. If you are dealing with emotional fallout from your accident, document it and consider seeing a mental health professional. That documentation strengthens your claim.
Loss of enjoyment of life covers the activities and experiences you can no longer enjoy because of your injuries. If you used to coach your kid’s soccer team and now you cannot run, if you loved hiking and now you are in chronic pain, if your injuries prevent you from doing the things that made life meaningful, that loss has value.
Loss of consortium is a claim your spouse can make for the impact the accident has had on your relationship, including loss of companionship, affection, and intimacy.
Punitive Damages: Rare But Possible
In cases where the at-fault party’s behavior was particularly reckless or egregious, New Mexico allows punitive damages. These are not meant to compensate you for your losses. They are meant to punish the defendant and deter similar behavior.
Punitive damages might apply if the other driver was drunk, was racing or street-racing, was texting and driving at extreme speeds, or deliberately caused the accident. These cases are less common, but when they apply, they can significantly increase the total recovery.
How Comparative Negligence Affects Your Recovery
New Mexico uses pure comparative negligence, which means you can recover damages even if you were partially at fault for the accident. However, your recovery is reduced by your percentage of fault.
If your total damages are $200,000 and you are found to be 20 percent at fault, you would recover $160,000. If you are 50 percent at fault, you recover $100,000. Even at 90 percent fault, you could still recover 10 percent of your damages in New Mexico, which is more generous than many other states.
Insurance companies aggressively try to inflate your percentage of fault because every point they add saves them money. This is one of the most important reasons to have an experienced attorney fighting for you.
There Is No Cap on Personal Injury Damages in New Mexico
Unlike some states, New Mexico does not cap personal injury damages. There is no maximum amount you can recover for pain and suffering, medical expenses, or any other category of damages. Your recovery is based on the actual impact of the accident on your life, without an arbitrary ceiling.
The one exception is claims against government entities under the Tort Claims Act, which does have specific caps depending on the type of claim and the government body involved.
How to Maximize Your Recovery
The amount you ultimately recover depends heavily on how well your case is documented and presented. Follow the right steps after your accident, get medical treatment without gaps, keep detailed records of everything, and work with an attorney who knows how to calculate and fight for the full value of your claim.
At El Gringo Law, we do not settle for less than what our clients deserve. Call 505-207-5000 for a free consultation.
