The value of a motorcycle accident injury claim in NM varies. Even for similar cases, your motorcycle accident injury worth could be much different than in past situations.
Although every case is different, minor injuries could start as low as $5,000, more serious injuries could cost $100,000 or even more. If you want to determine the fairness of an insurance settlement offer, always run the offer by a personal injury lawyer before accepting it since you cannot claim damages after that.
However, it is essential to remember that compensation is more than just a number. A settlement or civil award recognizes loss and provides a path toward recovery.
In this article, our founder and motorcycle accident lawyer, Marc A. Grano, discusses the different types of compensation available after an injury in New Mexico. Grano Law Offices, P.C. wrote this post to help injured riders and their concerned loved ones get the answers they want and deserve.
Compensation for a New Mexico Motorcycle Accident Injury
It is not irrational to think about money when you or a loved one suffers from motorcycle accident injuries. The aftermath can devastate a family from time missed at work, mounting medical bills, and travel costs. A fair settlement or civil award asserts your right to restitution for the losses someone else negligently caused you.
There are three types of compensation available for a New Mexico motorcycle accident injury, as detailed below:
Type 1. Economic Damages
Economic damages are the measurable losses caused by your accident. You prove them by submitting paystubs, doctors’ notes, insurance claims, receipts, expert witnesses, invoices, letters, data, and other tangible forms of information as evidence. The value of your economic damages will establish the severity of your case and may affect your other awards.
Regardless, you could recover the following types of economic damages after a motorcycle accident:
- Medical Bills: Insurance policies typically require you to visit an emergency room or with a physician within 72 hours of your accident, including times when you think you only have minor injuries like bruising, road rash, or even no symptoms at all. Following this rule is a good idea since waiting could force a forfeiture of your compensation rights. This award would pay for emergency room visits, prescription drug costs, doctors’ visits, medical supplies, and other accident-related, out-of-pocket costs.
- Future Healthcare Costs: It is not unusual for motorcycle accident injury victims to have such debilitating conditions that they require long-term monitoring and care. Avoid accepting a settlement before a New Mexico motorcycle accident injury lawyer can review it since the insurer could try to undervalue your future losses. This award will pay for future doctors’ visits, prosthetics, medical devices, physical therapy, prescription drugs, and other medically necessary services.
- Lost Wages and Benefits: According to National Highway Traffic Safety Administration (NHTSA) statistics, motorcyclists are 26 times more likely to suffer serious injuries than passenger vehicle occupants in a crash. If you suffer from severe injuries, you might be unable to work for weeks or months, resulting in lost wages and benefits. This award will provide for those losses so that you have the money you need to pay bills and provide for yourself and your family.
- Physician-Related Travel Costs: Ensure you track physician-related travel since you can recover the mileage incurred. You can leave a notebook in your primary vehicle or use a free mileage tracking app, such as MileIQ (free up to 40 one-way drives). You can then submit your notes or app data as evidence to recover the costs for accident-related travel, including visits to hospitals, physicians, physical therapy, picking up prescriptions, and more.
- Lost Future Earning Capacity: Serious injuries might impede future work, affecting earning potential. A fair insurance claim should consider this possibility impartially. If you hire an injury attorney to represent the negotiation of your claim, they will work with your medical team and experts to establish a reasonable lost future earning capacity demand amount when applicable.
- Other Out-of-Pocket Expenses: Other ancillary costs, such as motorcycle damage, personal property damage, in-home care, and special accommodations, may need financial recovery as well. Keep a list of these expenses along with their receipts where possible.
It is overwhelming when you start considering the total value of your claim. On the one hand, you want to settle your case quickly, but on the other, you do not want to leave money on the table, especially when significant. Avoid the former and quell your worries by scheduling a free, no-obligation case evaluation with a motorcycle accident injury lawyer near you.
Type 2. Non-Economic Damages
Non-economic damages are the intangible claims you make for your physical pain and suffering, mental anguish, and other losses. These are challenging to estimate and may require expert testimony for evidentiary purposes. However, once established, insurance companies or civil courts may apply a multiplier to your economic damages or another generally accepted method when arriving at a number.
Here is an overview of the various types of non-economic damages that you could present as part of your final settlement demand:
- Physical Pain and Suffering: Physical pain and suffering compensates you for the pain and anguish experienced during recovery. Although challenging to quantify, these valid losses deserve acknowledgment and compensation.
- Mental Anguish: The emotional toll from an accident, such as post-traumatic stress, fear, and anxiety, also merits compensation. An experienced motorcycle accident injury firm, such as Grano Law Offices, P.C., will help you build a case that reflects the accurate scale of your mental anguish.
- Lost Enjoyment of Life: If your injuries prevent you from enjoying hobbies or activities you once loved, you can receive an award that reflects these limitations. Money will never replace the life you once loved, but it will provide for future needs so that you are not stuck with a bill you did not cause.
Other types of non-economic damages may be available for your claim. For people who lost the precious life of a beloved family member, you have legal rights as well via wrongful death and survival action claims. Speak with a wrongful death motorcycle accident lawyer in New Mexico for more information about seeking civil justice on your family’s behalf.
Type 3. Punitive Damages (Very Rare)
Punitive damages serve as a deterrent against grossly negligent behavior. It is meant to punish the person or entity that harmed you while preventing similar future actions. Courts rarely award them since they are reserved for the most extreme cases. However, an attorney could tell you if they apply to your situation.
The Fight for Fairness: Getting What You Deserve After an Accident
The road to recovery is fraught with legal complexities and insurance obstacles that are challenging to traverse alone. However, by understanding the methodologies used to estimate the value of their injuries, victims may find a renewed sense of empowerment under the law. You deserve a fair award for your losses, and New Mexico laws and federal codes recognize this right.
Every motorcyclist has the right to expect and demand fair treatment from insurers in the event of an accident. How much is a motorcycle accident injury worth in New Mexico? The answer is found in laws, negotiating tables, and courtrooms, which apply differently to every personal injury case, including how long it takes to settle a claim or obtain a civil award.
The most practical way to determine your case’s value is to consult an experienced, top-rated motorcycle accident injury lawyer in New Mexico, like Marc Grano. His personal injury team provides prospective clients with free case evaluations where they can ask questions, learn about potential strategies, protect their case, and determine their legal options in the future. If you want legal advice at no cost or obligation, contact us at your earliest convenience.
Schedule a Free Case Evaluation With Grano Law Offices, P.C.
Schedule your Free Case Evaluation with a motorcycle accident injury lawyer at Grano Law Offices, P.C. by calling (505) 426-8711 or messaging us privately via the secure contact form below. We can meet by telephone or videoconference at a time that works well for you. Our legal team serves injured riders in northern and central New Mexico, including Las Vegas, Santa Fe, Taos, Bernalillo, Rio Rancho, Española, Santa Rosa, Mora, and Raton.
