Pain and suffering is a legal concept referring to the severe physical and emotional distress injury victims experience after an accident caused by negligence. Not only does it involve physical pain, but it can also describe the anxiety, depression, PTSD, insomnia, and lost enjoyment of life.
It is possible to receive compensation for pain and suffering in New Mexico if you can prove negligence played a role in your accident. Your personal injury lawyer will help you in this regard by investigating your accident, evidence preservation, and negotiating with insurance companies.
In This Post
In this blog post, I will help you understand the types of pain and suffering damages awarded in cases, how to prove pain and suffering, and what evidence may be necessary. If you need legal advice for your specific matter, contact a New Mexico personal injury lawyer for personalized information.
Types of Pain and Suffering Damages
In general, there are two (2) types of pain and suffering damages: physical and mental. Damages is a legal word describing the compensation you are demanding that the liable party pays you for the pain and suffering caused. This amount of money will be included with your claim or civil court petition in addition to other losses, such as medical costs, lost wages, and more.
Value of Pain and Suffering Damages
Bodily injuries can impact your life in emotional ways, which means that you should be compensated if someone else caused them. It is challenging to estimate what a case may be worth without talking to an attorney first. Since pain and suffering is a subjective experience, there are several factors that courts consider when awarding these types of damages.
Related Article: Can You Sue for PTSD After a New Mexico Car Accident?
Proving How Your Life Was Affected
Due to the subjectivity of pain and suffering assessments, the most practical way to prove it is through keeping a personal journal. Personal journals are admissible as evidence in court. You can use it to capture important details about your day-to-day life and how your accident affected you.
Make a note of any of the following:
- Not enjoying physical activities as before
- Depression, anxiety, stress, and PTSD diagnoses
- Physical stress symptoms such as hair loss or insomnia
- Changes in your overall behavior or mood
- Avoiding socialization with your friends (even by phone)
- Significant weight loss/gain since the accident and how it affects you
- List any unpleasant side effects of pain medications
- The stress associated with obtaining accommodations
- Impact on your ability to perform well at work
- Other ways that your accident has caused you pain and suffering
In addition to a personal journal, there are other forms of evidence that your personal injury lawyer will utilize, including medical records, bills, prescriptions, expert witnesses, eyewitnesses, employer documentation, and more.
Important Note
As a side note, you should not have to pay for the physical pain and suffering that someone else caused you. Current New Mexico statutes protect your right to compensation after an accident when negligence plays a role. When the insurance company tries to settle for less, make sure that you speak with a personal injury attorney to help you make an assessment.
A Personal Injury Lawyer Will Help You with How to Prove Pain and Suffering
While many folks wait until a problem happens to hire a lawyer, you can take a more cautious approach by at least speaking to one before you file your claim.
There are countless reasons to discuss your case with a personal injury lawyer if you are experiencing mental and emotional trauma as a result of your accident. Insurance companies are going to try to offer you less money if they can figure out a way to do so. Do not let them get away with their sneaky tactics.
You can also check out this article for more information: “5 Misleading Things and Insurance Adjuster Might Say After a Car Accident.”
If you are still nervous about protecting your case, then I welcome you to give my office a call. We handle cases throughout northern and central New Mexico, including Mora, Raton, Española, Taos, Santa Rosa, Santa Fe, and, of course, Las Vegas. A Free Case Evaluation can help form a pre-call game plan.
How to Request a Free Case Evaluation
There is no cost or obligation to make this call. It is a Free opportunity to get the answers you need. Call (505) 426-8711 to request yours or send me a message through the contact form below.
