One of the most common questions I'm asked by clients is, "How much is my pain and suffering worth under New Mexico law?"
The purpose of pain and suffering is to compensate you for what you have been thru because of the accident that caused your injuries.
So here are some examples:
EXAMPLE 1: John suffered a whiplash and back injury after an auto accident that was not his fault. He was taken by ambulance to the emergency room, had a follow up with his primary doctor and then began treatment with a chiropractor. His medical bills were $10,000 He had no lost earnings and no permanent impairment. He felt fine after his treatment was concluded.
Using the formula of 3 times the medical bills, John's case should be valued at $30,000
EXAMPLE 2: Carol suffered a broken arm after an auto accident that was not her fault. She was taken by ambulance to the emergency room where her arm was casted. She had two follow up appointments with her doctor who removed the cast 60 days later. Her medical bills were $5,000. She had no lost earnings and no permanent impairment. She felt fine after her treatment was concluded.
Using the formula of 8 times the medical bills, Carol's case should be valued at $40,000
Court Appointed Arbitrators in Albuquerque have been typically awarding 3 times the medical bills in court mandated arbitrations in Bernalillo County. Juries are much more less predictable.
The insurance company adjuster, judge, arbitrator or juror will carefully review the notes written by your health care provider. They will look at your reported pain levels and symptoms associated with the injury as reported by you to your health care provider.
It is more difficult for men to communicate pain and suffering to their doctor.
Nevertheless, men must report the pain to their doctor to get full value for their pain and suffering.
A personal diary of how the injuries have affected you is also helpful.
The most important advice I can give you in this blog is to document your pain and suffering.
Document your pain and suffering with your health care providers.
Document your pain and suffering with your employer.
Document your pain and suffering in a pain diary.
Attorney Mark Caruso is a former insurance company attorney who now represents injured clients in their personal injury and wrongful death claims. Caruso Law Offices has two locations in Albuquerque to serve its clients--Northeast Heights and Westside. Mr. Caruso will also meet you at your home, work or hospital on weekends and after-hours.
For a FREE consultation you can contact Mark Caruso at the Northeast Heights Office (Montgomery & Carlisle) at 505-883-5000 or his Westside Office (Coors NW and I-40) at 505-369-1361. You can also contact Mark Caruso directly at firstname.lastname@example.org
Your consultation will be with Mark Caruso, not a legal assistant or paralegal. He will give you a confidential and honest evaluation of your claim, discuss medical treatment and explain Caruso Law Offices' discounted 29% contingency attorney fee on all personal injury and wrongful death claims.