Calculating Damages in New Mexico Trucking Accidents


June 10, 2016

 by Caruso Law Offices, P.C. | 

Victims of New Mexico Trucking Accidents are Entitled to Compensatory Damages

New Mexico trucking accidents can cause serious personal injuries and death.  Approximately two years ago, seven people were killed in a New Mexico trucking accident on Intestate 10 during an oncoming dust storm.  These seven people were traveling in three passenger vehicles on Interstate 10.  Due to the ongoing dust storm, they slowed down as reasonable under the circumstances.  However, three tractor trailer and commercial trucks did not slow down and rear ended the three passenger vehicles causing a pileup accident.  There was an explosion which started a fire, killing all seven occupants of the passenger vehicles.  No truck drivers were killed or injured.

One of the deceased is Joseph Guttuso.  His estate contacted the Mark Caruso to represent Mr. Guttuso in the trucking accident and wrongful death claim.  The matter is currently in a jury trial in Santa Fe county.  The family is seeking compensation for the wrongful loss of Mr. Guttuso as a result of the negligence of the trucking companies and truck drivers.  If you, a loved one, or someone you know has been seriously injured or killed in a New Mexico trucking accident, contact the Mark Caruso for a FREE case evaluation by dialing (505) 308-1556 to learn about your rights to compensation.

Types of Damages in New Mexico Trucking Accidents

There are several different types of damages which a victim of a New Mexico trucking accident could be entitled to.  Whether an individual is entitled to such damages depends on the facts of the case and whether such damages are related to the accident.  Some examples of damages include the following:

  • Past pain and suffering from injuries during the accident and up to trial;
  • Future pain and suffering from remaining injuries after trial;
  • Emotional pain and suffering;
  • Lost wages due to injuries;
  • Lost earning capacity due to injuries, which prevent a victim from returning to the same job;
  • Medical expenses and bills, including medical liens;
  • Medical supplies and treatment;
  • Property damage, including damage to vehicles;
  • Future surgeries or medical treatment;
  • Loss of consortium and services of a spouse;
  • Wrongful death and
  • Many several other types of damages.

Calculating Damages in New Mexico Trucking Accidents

The calculation of damages is not as formulaic as people hope.  Meaning, there is no exact method to calculate most types of damages—with the exception sometimes for lost wages and lost earning capacity.  This can be frustrating to injured victims because they may not be able to determine what they are entitled to.  However, our experienced New Mexico trucking accident attorneys know how to calculate damage and estimate damages based one our years of experience.

For pain and suffering damages, the amount an individual is entitled to is based on the reasonable compensation that other victims with similar injuries in similar circumstances have received.  This can be through other settlements, jury verdicts, of appellate-level court decisions requiring whether the compensation a victim received was reasonable. Therefore, each injury as a “going rate” which it will typically settle for.  There are, of course, other factors to consider such as the victim’s age, severity of the injuries, and comparative fault in causing the accident—all which can affect the amount of damages.

As for medical expenses, bills, and treatment costs, these types of damages can be calculated by simply adding up the total amount.  But the victim also needs to establish that these expenses are related to the subject accident and reasonable.  Because of this, this calculation may require a little more than just doing basic math.

As for lost wages and earning capacity, typically an economist is needed to calculate the average growth of the victim’s job, salary increases, and projects to a reasonable degree of accounting certainty.  This can be very complicated to do, even for an attorney, and specialized knowledge from a retained expert is usually needed.

Obtaining Damages in a New Mexico Trucking Accident

If a loved one has been seriously injured or killed in a New Mexico trucking accident, contact the experienced personal injury attorneys at the Mark Caruso today by dialing (505) 308-1556.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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