Whiplash problems are common after a car crash. However, estimating how much compensation for a whiplash car accident in New Mexico isn’t easy or straightforward. Whiplash injuries can range from relatively minor to serious, long-lasting pain that significantly affects your ability to work and enjoy life. As a result, compensation for an injury claim can vary widely.
Older data published in the Federal Register reported the average cost of whiplash-related injuries in minor rear-end accidents was around $9,994 in 2002 dollars (around $18,591.75 today). However, compensation is based on your personal losses and the severity of your injuries.
Key Takeaways
How Much Compensation Can You Get for Whiplash in a New Mexico Car Accident?
Every case is different, and there is no universal settlement amount for a whiplash injury. The amount of compensation you can recover will be based on the extent of your injuries and their impact on your life. Your claim will depend on:
- The costs of your past and future medical care, including ongoing treatment
- Lost wages from work you’ve already missed and reduced earning capacity going forward
- Pain and suffering caused by neck stiffness, headaches, tingling, muscle spasms, shoulder or upper arm pain, or other whiplash symptoms
- Emotional distress damages, which can compensate you for PTSD, anxiety, depression, or other emotional consequences of your accident
In other words, the more severe your injuries and the greater the damages you’ve suffered, the higher your compensation will be. Since your claim’s value entirely depends on the extent of your actual economic losses and the impact of the injury on your life, it’s important to get help, document your injuries, and act quickly.
What Factors Affect Whiplash Compensation in New Mexico?
There are many factors that can affect compensation for a whiplash claim. These include:
- The actual cost of your medical treatment
- The impact of your injuries on your ability to work
- How severely your injuries affect your daily life
- Whether your pain is chronic or long-lasting
- How strong your evidence is, such as medical records, expert opinions, witness statements, and photos from the accident scene
The steps you take after a car accident in New Mexico will impact your claim. For example, you should see a doctor even after a minor car accident because whiplash symptoms don’t always appear immediately. A medical professional can provide proof that connects your injuries to your accident.
Can You Recover Compensation If You Were Partly at Fault for the Accident?
Even if you were partially at fault for the accident, it can still be worth pursuing a claim for whiplash. New Mexico is a pure comparative fault state under NMSA § 41-3A-1. In fact, as the standard jury instructions explain, when a case goes to court, a plaintiff can recover compensation even if they were mostly to blame for causing an accident, but the amount will be limited.
When attempting to determine a fair settlement amount for whiplash from a car crash in New Mexico, your damages will be reduced based on your percentage of fault. For example, if you were 80% to blame, you could recover just 20% of your damages.
What Can You Do to Protect the Value of Your Whiplash Claim?
There are steps you can take to protect the value of your claim. Some of the key ways to preserve your claim include:
- Get medical help as soon as possible: This will allow you to document your injuries and prove that they are crash-related.
- Document the accident and injuries: Take pictures at the scene, including of the vehicle and debris. You can also take pictures of your injuries. The goal is to prove how the accident happened and how badly it harmed you.
- Keep a journal of your recovery: This journal can demonstrate the level of impairment you’ve had to endure because of your injuries.
- Avoid talking to the insurance company: Insurers are always looking for ways to pay as little as possible. Don’t give them ammunition by potentially saying something that jeopardizes your case.
How Do Insurance Companies Evaluate Whiplash Claims?
Unfortunately, insurance companies want to keep their payouts as low as possible. They often look more closely at whiplash claims because whiplash claims can be harder to prove.
Insurers often look for reasons to question the extent of your injuries or argue that you weren’t hurt as badly as you claim. Factors they’ll look for include:
- How quickly you get treatment
- Whether your medical records clearly document your injuries
- The type of your treatment and the length of your treatment
- Documentation from your doctors of objective findings
- Treatment gaps
- Whether your claimed injuries are consistent with your records
Even when it is clear who is at fault, adjusters often try to minimize the seriousness of a whiplash injury by arguing that you had a pre-existing condition. They might also offer a quick settlement to try to get you to agree to waive claims before you understand the full extent of your injuries.
Speak With Our New Mexico Car Accident Lawyers About Your Whiplash Claim
At Olson Personal Injury Lawyers, we are on a mission to protect the West, one case at a time. If you have a whiplash injury from a car accident, our New Mexico car accident lawyer can answer your questions, assess your potential claims, and provide you with legal guidance on the next steps.
We offer free consultations. To schedule your free appointment, call us at (505) 391-8978 or contact us online. We offer a Zero Fee Guarantee, and you can try working with us before you commit. If you’re not satisfied after a 30-day trial, you can terminate your agreement with no penalty or obligation.
Recovering after a car crash can be challenging, especially when dealing with injuries and insurance claims. Our experienced car accident attorneys are here to take the burden off your shoulders and fight for your rights, so you can focus on healing.
