The Non-Economic Damages Victims Can Claim Through a Personal Injury Claim
As a central metropolitan area, Albuquerque sees its fair share of personal injury cases, whether from car accidents, medical malpractice, or other negligent acts. Victims can pursue compensation for financial losses and non-economic damages as well. These damages address an injury’s emotional and psychological impact, which can be just as devastating as physical harm.
What Are Non-Economic Damages
Non-economic damages are losses that do not have a direct financial impact. Unlike medical costs or lost wages, these damages recognize the victim’s pain. In New Mexico, courts recognize these losses as crucial to personal injury claims, ensuring that victims receive fair compensation beyond financial costs.
Pain and Suffering
One of the most commonly claimed non-economic damages is pain and suffering, which encompasses the physical agony a victim endures due to their injuries. An experienced Albuquerque injury lawyer can help demonstrate the severity of the damage, the duration of suffering, and the long-term impact on the victim’s quality of life. In Albuquerque, juries may evaluate medical records and expert testimony to determine an appropriate compensation amount.
Emotional Distress
Injuries often lead to more than just physical pain. Emotional distress damages recompense victims for anxiety, depression, PTSD, and other psychological repercussions caused by their accident. A person in a serious vehicle accident may have a long-term dread of driving, significantly influencing their everyday life. Mental health records and professional assessments help establish the extent of emotional trauma.
Loss of Enjoyment of Life
When an injury prevents someone from engaging in activities they once loved, they may claim damages for loss of enjoyment of life. Whether it’s an athlete who can no longer compete or a musician unable to play, this compensation recognizes how injuries can limit personal fulfillment. Courts assess the individual’s lifestyle before and after the injury to determine the impact.
Loss of Consortium
Loss of consortium refers to the damage an injury causes to relationships, particularly with spouses and close family members. When a person suffers a catastrophic injury, their ability to provide companionship, affection, or even parental guidance may be diminished. This claim is typically filed by the injured person’s spouse or family members.
Disfigurement and Scarring
Severe injuries often result in permanent disfigurement or visible scars. These physical changes can lead to emotional distress, affecting a person’s confidence and social interactions. Compensation for disfigurement considers the physical and psychological impact of permanent changes to a person’s appearance.
How New Mexico Law Handles Non-Economic Damages
New Mexico does not set a ceiling on non-economic damages in most personal injury lawsuits, except for medical malpractice cases, which are subject to legislative limitations. This means that victims in Albuquerque can seek full compensation for their suffering based on the facts of their case. The state follows a comparative negligence rule, meaning that compensation may be reduced if the victim is found partially responsible for their injury.
Proving Non-Economic Damages
Non-economic losses do not come with receipts or invoices. To substantiate these claims, victims rely on medical records, expert testimony, personal journals, and witness statements. The stronger the evidence, the better the chances of securing fair compensation.
Conclusion
Non-economic damages play a critical role in personal injury claims in Albuquerque. They ensure victims receive compensation for an injury’s profound emotional and psychological toll. Realizing these damages allows victims to navigate their legal choices better and seek the justice they deserve.