You're driving down I-25 near Albuquerque when a semi-truck veers into your lane, causing a devastating collision. As you deal with serious injuries and rising medical bills, you wonder how much compensation you’ll receive and if it will cover all of your expenses.
At Keller & Keller, our experienced New Mexico truck accident attorneys understand the physical, emotional, and financial challenges after a truck accident. We've helped countless clients calculate their losses and secure fair truck accident settlements. Here are the key factors that impact your claim and how a skilled legal team can help protect your rights and maximize your recovery.
What Types of Damages Are Available in New Mexico Truck Accident Claims?
When calculating your truck accident settlement, your attorney will consider a wide range of damages.
- Economic damages. These are the tangible financial losses directly related to your accident, such as medical expenses, lost wages, property damage, and future care costs. Your attorney will help you compile medical bills, wage statements, repair estimates, and expert opinions on your long-term care needs.
- Non-economic damages. Pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses are more challenging to quantify but can significantly increase your settlement. Keeping a journal detailing your physical and emotional struggles can help demonstrate the accident's profound impact on your life. Your attorney may also seek testimony from mental health professionals or other experts to support your claim for non-economic damages.
- Punitive damages. In rare cases involving particularly egregious negligence or intentional misconduct, New Mexico courts may award punitive damages to punish the at-fault party and deter similar behavior in the future. However, these damages are subject to strict limitations under state law. Your attorney can evaluate whether your case may warrant a claim for punitive damages.
Does Being Partially at Fault Impact Your Settlement Amount?
New Mexico follows a pure comparative negligence rule, which means your settlement can be reduced by your percentage of fault in the accident. For example, if you're found 20 percent at fault for the collision, your total damages will be lowered by that 20 percent.
Trucking companies and their insurers often try to shift blame to the victim to minimize their payout. They may argue that you were speeding, distracted, or otherwise contributed to the crash. To protect your right to full compensation, you need an experienced truck accident attorney to build a strong case demonstrating the trucking company's liability and countering allegations of comparative fault.
How Does Injury Severity Affect Settlement Calculations?
The severity of your injuries is critical in determining your truck accident settlement. Catastrophic injuries like traumatic brain injuries, spinal cord damage, or amputations often result in higher settlements due to the extensive medical treatment, ongoing care needs, and profound impact on quality of life.
However, even seemingly minor injuries can lead to substantial settlements if they cause chronic pain, require long-term treatment, or prevent you from working or engaging in activities you once enjoyed. Your attorney will work with medical experts to fully assess the extent of your injuries and ensure your settlement accounts for all current and future losses.
This process may involve gathering medical records, imaging studies, and other documentation to illustrate the severity of your injuries. Your attorney may also consult with life care planners, vocational rehabilitation specialists, and economic experts to calculate the long-term costs of your injuries, including future medical expenses, lost earning capacity, and diminished quality of life.
How a New Mexico Truck Accident Attorney Can Help
Calculating and negotiating a truck accident settlement can be overwhelming, especially when you're focusing on your physical and emotional recovery. An experienced New Mexico truck accident attorney can:
- Investigate your accident to gather critical evidence, such as truck driver logs, black box data, and vehicle maintenance records.
- Identify all potentially liable parties, including the truck driver, trucking company, and vehicle or parts manufacturers.
- Accurately calculate your damages, including future medical needs and lost earning potential.
- Negotiate aggressively with insurance companies to secure maximum compensation.
- Take your case to trial if a fair settlement can't be reached.
Having a skilled advocate can make all the difference in securing the compensation you deserve. Your attorney will handle all aspects of your claim, from communicating with insurance adjusters to presenting compelling arguments in court, allowing you to focus on your recovery.
At Keller & Keller, our dedicated Albuquerque truck accident attorneys have a proven track record of successfully handling complex truck crash claims across New Mexico. We understand the immense physical, emotional, and financial toll these accidents take on victims and their families, and we're committed to fighting for the full compensation you deserve. Our compassionate team is here to answer your questions, explain your rights, and help you through every step of the settlement process.
