In a New Mexico truck accident, you may recover damages (meaning financial compensation) for losses such as your present and future medical bills, lost wages, pain, suffering, and property damage. In rare cases, punitive damages may also be awarded. However, doctrines such as comparative negligence may reduce your recovery.
Economic Damages
After a harmful truck accident, a victim may be eligible for a range of economic damages to make them financially whole again. Also known as tangible or special damages, this type of compensation is awarded to make up for financial or monetary losses suffered by those involved in a big rig accident.
Common examples include:
- Existing medical expenses
- Future necessary health care
- Therapies and rehabilitation
- Long-term or permanent disability costs
- Home or vehicle modifications
- Property damage repairs
- The pre-crash value of a totaled vehicle
- Out-of-pocket costs, such as transportation
- Lost wages, income and earnings
- Diminished capacity to earn in the future
Getting a fair amount in economic damages as a truck accident victim requires you to add up all of your current crash-related bills and receipts. Then, you may need to work with a truck accident attorney or Life Care Planner to accurately estimate future expenses related to long-term damage.
Non-Economic Damages
The second category of compensatory damages, non-economic, pays a claimant for the intangible or general effects of a truck accident. Catastrophic collisions can inflict a great deal of mental, emotional, physical and psychological pain and suffering. These are compensable losses in New Mexico.
Non-economic damages can include physical pain, emotional distress, mental anguish, post-traumatic stress, depression or anxiety, permanent scarring or disfigurement, loss of enjoyment of life, loss of consortium, and other “human” losses.
This type of damage award can be significant in truck accidents involving catastrophic or life-changing injuries; however, they can also be difficult to prove. An attorney can help you document and demonstrate these invisible losses to maximize your recovery.
Punitive Damages
Punitive damages may be available in a New Mexico truck accident case if the claimant proves that the defendant’s conduct was malicious, intentional, reckless or showed a wanton indifference to the safety of others. In these situations, the courts may grant punitive damages in addition to compensatory damages to punish the defendant for wrongdoing.
Wrongful Death Damages (Fatal Truck Accidents)
Sadly, many large truck accidents in New Mexico each year are deadly and cause one or more fatalities. In these cases, surviving family members may be eligible for compensation from wrongful death claims. Available damages may cover funeral and burial costs, final medical expenses, lost inheritance, and loss of consortium.
What Factors Affect a Truck Accident Settlement in New Mexico?
The potential value of a truck accident case depends on the factors involved. Every case is unique, with values that can range drastically, from several thousand dollars to millions. If you contributed to the truck accident, for instance, the comparative negligence rule can reduce your recovery by a matching percentage.
If you are allocated a portion of fault in a truck accident claim, your settlement or judgment award can be reduced by an equivalent amount. A skilled lawyer can help you fight back when faced with this defense or others to help protect your financial recovery. Always discuss your individual case with a truck accident lawyer in New Mexico before accepting a settlement.