Pain and Suffering Settlement Examples in New Mexico

On Behalf of Egolf + Ferlic + Martinez + Cox, LLC

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Oct 08, 2025

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Personal Injury

The wounds and scars of an accident may not always be visible. In addition to medical bills, lost wages, and damaged property, an injured person often suffers from pain, trauma, and loss of enjoyment that may change their life forever.

Understanding Pain and Suffering in New Mexico

The term pain and suffering encompasses the physical pain and emotional distress caused by an accident or injury. This can include the discomfort of the injury itself, as well as the emotional impact of a changed life, altered relationships, and reduced quality of life.

In New Mexico personal injury cases, pain and suffering damages fall under the category of non-economic damages, which are subjective and not easily quantified like medical bills or lost wages. Instead, pain and suffering damages are based on the severity of your injuries, the duration of your recovery, and the long-term effects on your life.

Specifically, when determining pain and suffering damages, New Mexico courts may consider factors such as the nature of the injury, the level of pain and suffering endured, and the testimony of medical professionals and therapists.

Road Accidents Resulting in Pain

One of the main types of injuries that result in pain and suffering is auto accidents. In  New Mexico, there were 74,476 vehicles involved in traffic accidents in 2023. Out of these, 39,978 were passenger cars, 3,646 involved heavy trucks or semis, and 997 involved motorcycles or mopeds.

An example of this would be a victim driving north on I-25 and rear-ended at a high rate of speed when traffic slowed without warning. Suffered serious injuries to the back and neck, including herniated discs and ongoing muscle spasms. During the first weeks and months, the victim is focused on recovery. Visits to the doctor, physical therapy, and prescription medications for the pain are a regular occurrence. However, the pain does not subside over the course of months.

Slip and Fall That Causes Injury

Imagine a shopper who trips and falls in a grocery store one rainy afternoon. Just inside the door, employees have not put out a warning sign or mopped up rainwater tracked in by other customers. As a result of slipping in the water, she fractures her ankle in several places. She has surgery, and then several months of physical therapy.

The injury has left her with a limp while she experiences emotional turmoil due to being alone and losing her self-reliance. She also has anxiety about falling again and is reluctant to go out by herself. In this example, the pain and suffering settlement amounts to much more than just surgery and rehab costs. It also compensates for long-term physical pain, emotional trauma, and life disruptions. All of these are attributable to the property owner’s negligence.

Wrongful Death Causing Emotional Distress

A husband and father is driving home from work one evening. He is killed after a distracted driver runs a red light at a busy Albuquerque intersection. The family feels not only the profound loss, but a financial loss from lost wages, funeral expenses, and pain and suffering for years that cannot be valued by any financial award.

The victim’s wife files a personal injury claim for wrongful death for both her and the children. The claim requests a financial award for tangible and intangible losses, including lost wages, funeral costs, medical expenses, the loss of care and support, loss of companionship, guidance, and emotional support.

The settlement helps the family deal with the loss by allowing the children and spouse to receive counseling, financial stability, and the peace of mind that comes with knowing the driver who caused the death was held accountable.

Hire a Personal Injury Lawyer

At Egolf + Ferlic + Martinez, LLC, we’re passionate about seeking justice on behalf of New Mexicans whose lives have been altered through the negligence of others. The personal injury and wrongful death attorneys at our law firm have decades of combined experience. We treat each client with compassion, integrity, and a fierce determination to pursue fair compensation and accountability.

FAQs

How Much Can You Claim for Emotional Distress in New Mexico?

In New Mexico, emotional distress falls under the category of pain and suffering, which is considered non-economic damages. Factors affecting the value of an emotional distress claim include the extent and duration of the distress, how the injury has changed or disrupted your daily life, and the effect on your relationships, work, and overall mental health. Courts, insurers, and jurors consider each case on its own merits.

What Are Examples of Compensatory Damages that Will Pay for Pain and Suffering?

Compensatory damages for pain and suffering also cover any physical suffering, such as chronic pain, mental anguish, or loss of enjoyment of life, as well as emotional distress caused by the accident or injury. This could include anxiety, depression, sleep disruption, or even the inability to engage in your preferred lifestyle. In other words, they consider non-monetary aspects of your injury in terms of how it has affected your day-to-day activities.

What Is an Acceptable Settlement Offer?

A fair settlement offer covers all economic damages, including medical bills, lost wages, and property repair, while addressing non-economic damages such as pain and suffering, along with emotional distress. It should accurately reflect the severity and long-term impact of your injury or loss. A lawyer can assess the offer while negotiating for better compensation and confirming its compliance with your legal rights under New Mexico personal injury regulations.

How Are Pain and Suffering Damages Calculated?

The evaluation of pain and suffering damages is often calculated by a multiplier method, which applies a severity-based factor to economic damages, or the per diem method, which assigns a daily worth for each day of suffering. Factors like injury severity, recovery duration, impact on lifestyle, and emotional consequences are also considered. Adequate documentation and legal guidance can help ensure the calculation accurately reflects your experience.

Hire a Personal Injury Lawyer Today

If you have suffered pain and suffering from a personal injury incident, Egolf + Ferlic + Martinez, LLC can help you seek compensation. Contact us today to get started.