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Can you seek “pain and suffering” damages in New Mexico?

On Behalf of | Jan 25, 2024 | Car Accidents

After an accident that causes you severe injury, the physical and emotional scars can linger long after the bandages come off. Fortunately, New Mexico law recognizes the invisible wounds of “pain and suffering” as legitimate damages in accident cases.

What do they include?

Beyond medical bills and lost wages, pain and suffering, or non-economic damages, address emotional and psychological consequences of accident injuries, such as:

  • Physical pain: The aches and discomfort caused by your injuries.
  • Mental anguish: Anxiety, depression and other emotional distress stemming from the accident.
  • Loss of enjoyment: Inability to participate in activities you once loved due to your injuries.

You may also obtain non-economic damages if your car accident injuries impact your relationships with loved ones.

Unlike some states, New Mexico has no cap on non-economic damages in most personal injury cases involving vehicle crashes. That could mean virtually no limit to your injury compensation when your claim is handled with care.

What if you contributed to the accident?

You may still recover compensation if you played a role in causing the crash, even if your share of fault is high. Most states bar economic and non-economic damages when a party is 50% or more responsible for an accident.

In New Mexico, the pure comparative fault system allows you to collect regardless of fault. However, your award will be reduced by your percentage of fault.

What should you do next?

Determining whether to pursue pain and suffering damages depends on your unique circumstances, namely the severity of your injuries and the potential for future complications or disability.

Making decisions when seeking accident compensation comes with complications, but legal guidance can help you make the most of your claim.


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