How Is Pain & Suffering Calculated in New Mexico Accident Cases?

Personal injury cases mostly recover compensatory damages, which include economic and non-economic damages. Non-economic damages encompass many types of pain and suffering damages, and they are difficult to accurately assess. Unlike economic damages, there are no clear bills and receipts to add up, but these damages are an important part of calculating a claim’s full value. Many accident victims ask, “How is pain & suffering calculated in New Mexico accident cases?”

There is no single method for calculating pain and suffering damages. Instead, you can work with a personal injury attorney to consider various methods, review past case awards for situations like yours, and examine the specific consequences of your accident.

Injury Costs in New Mexico

In New Mexico, the cost of fatal injuries was nearly $30 billion in 2023, according to the Centers for Disease Control (CDC). Both fatal and nonfatal injuries come from various types of accidents, including motor vehicle accidents, medical malpractice, and unintentional falls. Vehicle accidents in New Mexico that year led to $4.9 billion in comprehensive costs, including tangible (economic) and intangible (noneconomic) damages.

The CDC reported that New Mexico had a rate of 132.56 injury deaths per 100,000 people in 2023 from various causes. This made it the state with the second-highest injury death rate.

What Are Pain and Suffering Damages?

Pain and suffering damages, or non-economic damages, are the long-term physical, mental, and psychological damages created by an injury. New Mexico personal injury laws allow victims to recover damages like:

• Mental trauma and emotional distress, like anxiety, depression, insomnia, post-traumatic stress disorder, eating disorders, and the cognitive effects of a traumatic brain injury
• Physical pain associated with the injury, like chronic pain, nerve damage, internal organ damage, and other long-term harm
• Loss of quality and enjoyment of life, including limitations on movement, hobbies, employability, daily tasks, and other activities
• Loss of consortium, or the effect the injury has on a relationship with a spouse

These damages can vary significantly in value. In the U.S., the average value of quality of life costs for different injuries ranged from $3,693 to $362,050. It is important to understand what damages could be considered to calculate them.

How These Damages Are Calculated in New Mexico

While there are many ways pain and suffering damages are calculated in New Mexico, some common methods are often used. One or multiple of these methods could accurately calculate the damages in a personal injury claim. They include:

1. Multiplier Method: This method multiplies your economic damages by a set number to evaluate your non-economic damages. The set number is typically between 1.5 and 5, depending on the severity of your injuries and the time they are anticipated to affect your life. An attorney can look at the facts of your case to determine the right number for this method. This includes factors like whether you can work, the long-term physical therapy required, and how limited your daily activities are.
2. Per Diem Method: To calculate pain and suffering damages through this method, a set cost is determined for each day, and this is multiplied by the number of days that you are expected to deal with the associated effects. This also requires an in-depth review of many factors to determine a fair amount for each day.
3. Past Cases: When you hire a personal injury lawyer, it is likely that they will review past personal injury cases like yours, such as those with similar injuries or types of accidents. The pain and suffering damages awarded in these cases can provide a precedent of what damages you could recover, particularly if the case goes to court.

Different types of personal injury cases and different injuries may need to be handled, investigated, and calculated differently, so it is crucial that you work with an attorney with the relevant experience.

FAQs About Pain and Suffering

Q: How Is Compensation Calculated for Pain and Suffering?

A: Pain and suffering compensation could be calculated in numerous ways, but it is generally affected by the value of your economic damages. When your injuries are more severe, they usually have higher economic costs and impact your life for longer, leading to more costly pain and suffering, non-economic costs. Calculating these damages may also rely on the number of days you are affected by the injury. An attorney can more accurately assess these damages.

Q: How Much Should I Accept for Pain and Suffering Damages?

A: The amount that you should accept for pain and suffering damages is the amount that fully and fairly accounts for your losses, including physical pain and loss of quality of life. For some minor injuries, pain and suffering damages will likely be much lower. For injuries that are disabling, pain and suffering damages will likely be higher. The surest way to secure the compensation you deserve is by working with an attorney.

Q: Is There a Cap on Damages in New Mexico?

A: Not all damages have a cap in New Mexico, but damages for certain types of claims do. For medical malpractice claims in the state, there is a limitation of between $600,000 and $750,000 in claim damages for injuries prior to 2024. For injuries from 2024 to 2027, the limitation can range from $1 million to as much as $6 million. These limitations do not include punitive damages or damages associated with past or future medical bills.

Q: How Does an Attorney Maximize Pain and Suffering Damages?

A: An attorney can maximize pain and suffering damages by using their resources and experience to:

• Investigate your accident.
• Have medical professionals examine your injuries.
• Consider the long-term financial consequences of those injuries.

Based on this and other information, an attorney can determine the value of these damages and fight for full financial recovery. They can negotiate with the at-fault party and their insurer, or they could advocate for you in court.

Hire a Personal Injury Lawyer in New Mexico Today

Numerous factors can affect the final evaluation of your pain and suffering damages, including your comparative negligence in the accident and the quality of evidence that supports your case.

At Berenson & Associates, PC, we have decades of experience in personal injury law. We can review your case, assess your damages, and fight for your interests. Whether you were injured because of a careless medical provider, in a vehicle collision, or from a dangerous property hazard, our firm can support you in your personal injury claim. Contact our team today.