Punitive damages are monetary compensations awarded to prevailing personal injury plaintiffs by the court and designed to punish the defendant after an accident. New Mexico laws reserve punitive damages for the grossest acts of negligence and misconduct exhibited. Ultimately, punitive damages are meant to deter, not only the defendant, but also the public from committing the same or similar acts.
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In this article, I will help you understand how punitive damages are calculated, the maximum amount a plaintiff can receive, and how they differ from other forms of monetary awards in a personal injury matter. If you have questions about your specific case, speak with a personal injury attorney in New Mexico for personalized advice and information.
How Punitive Damages Are Awarded
While there is no set standard regarding how punitive damages are awarded in a New Mexico personal injury case, judges or juries use case law or local rules to determine what is just and lawful.
The factors that they generally consider include:
- How reprehensibly the defendant acted or behaved
- If it seems like a reasonable award for the given circumstances
- What amounts might effectively punish the defendant
- The financial condition of the defendant
- The level of injury the plaintiff suffered
If you experienced catastrophic injuries, or your loved one lost his or her life, you might have the standing to file a civil lawsuit that includes a demand for punitive damages. However, it is vital to recognize that New Mexico courts rarely award them, although they have in past cases.
New Mexico Punitive Damages Caps
Unlike other states, New Mexico does not limit the amount of money you can receive from punitive damages. The exception to this rule is if you are filing a claim against a government entity. Under the New Mexico Tort Claims Act (NMSA § 41-4-19), you cannot receive a punitive damages award for claims against a city, state, or county.
Hypothetically, a plaintiff could receive millions in additional compensation from punitive damages if a jury or judge believed it was warranted. The vast majority of personal injury cases settle before going to trial, which means that it is essential to give attention to another form of damages called compensatory damages.
Related Article: Can You Get More Money After An Accident Injury Without A Lawyer?
Compensatory Damages Are Awarded More Often Than Punitive Damages
Compensatory damages are an award that you can receive to compensate you for your financial, future, and emotional losses. How much you can expect to receive depends upon the facts and circumstances of your case, but compensatory damages are generally the focus of a personal injury matter since acts of gross negligence are not as common.
There are two (2) types of compensatory damages, and they include:
- Special damages: Special damages are your direct, out-of-pocket costs. Since you need to prove your losses, special damages are easy to identify and trace from receipts, statements, and work paycheck stubs. Examples of special damages are current and future medical costs, lost wages, and more.
- General damages: General damages are more challenging to estimate since they are more subjective in nature. Your personal injury attorney may seek the evaluation of an expert witness to prove your general damages or ask you to keep a personal journal. Examples of general damages include physical pain and suffering, mental anguish, and lost enjoyment of life.
When you hire a personal injury lawyer, he or she will conduct an independent and thorough investigation of the facts that consider the seriousness of your injuries, impact on your life, and the level of negligence contributed by the defendant. If you have a recoverable loss, your attorney will discover it and demand the insurance company or defendant compensate you fairly.
Learn More About Your Legal Options
If you or your family member were injured by another’s negligent act, intentional or otherwise, file a personal injury claim to obtain compensation for your damages. Insurers may try to settle your case for less than you deserve. Hire a New Mexico personal injury attorney to protect your rights and hold liable parties accountable for their actions.
Get Help From Our New Mexico Personal Injury Law Firm
At Grano Law Offices, P.C., we take the time to learn more about prospective clients and the legal situations they are facing. Find out what your options are by contacting me for a Free Consultation today through my online contact form or calling (505) 426-8711.
