Valuing Future Damages in my New Mexico Auto Accident


August 29, 2019

 by Caruso Law Offices, P.C. | 

Damages is the measure of relief that a victim of a New Mexico auto accident can recovery under New Mexico law.  In personal injury actions, damages are typically money.  This money is awarded for several different types of damages, which include past pain and suffering, lost wages, medical bills, lost future earnings, future pain and suffering, future medical bills, and other claims.  It can be easy to determine what your past medical bills and lost wages were, how can New Mexico auto accident lawyers prove your future damages?  Learn how here!

Proving Future Damages in New Mexico Auto Accident Cases

Generally, the law does not favor speculation, conjecture, and abstract claims.  So how can you ask for and receive future damages in New Mexico courts?

You need to prove to a reasonable degree of certainty that the future expenses you are seeking is accurate and will be endured.  This is generally done through an expert witness.  There are several different types of expert witnesses that you may need to have to prove these damages.  These experts include the following:

  • Medical expert – to prove future surgeries and procedures, or medications;
  • Vocational expert – to prove your future limitations and abilities to work and maintain employment;
  • Economist expert – to prove your future lost earnings from having to take a different job due to your injuries, including adjusting for inflation;
  • Life care planner – to evaluate your future needs and assessments for medical care, nursing care, and every day assistance and treatment as you age; and
  • Other possible experts.

Examples of Future Damages in New Mexico Auto Accident Cases

In addition to the experts above, there are several common grounds and examples where victims of catastrophic New Mexico auto accident may be entitled to future damages.  This is particularly true in New Mexico trucking accidents, where injuries are most likely to be devastating and debilitating.

Here is just one example of how complicated this area of law can be.  For lost future earnings, if you had to take a job that pays $30,000 less a year because of your injuries, an expert would calculate your working expectancy (up to when you would naturally retire).  If that is 25 years left of working life, that means you would lose out on $750,000.  That number needs to be adjusted for taxes, but also for inflation over the span of those 25 years.  Thus, the actual figure could be significantly larger.  Adding to the difficulty is whether your former employee typically gives a raise each year, versus your new employer.  Benefits and pensions are also something that must be considered and add to the difficulty.

Ask Our Experienced New Mexico Auto Accident Lawyers to Calculate Your Future Earnings

Calculating your future damages is difficult because the law does not favor speculation and future or expectancy damages that are not certain.  But it is possible with the right team of experts and lawyers, like our legal team at the Mark Caruso  We have the right experts to help us evaluate your claim and prove it in court.  Ask our experienced Albuquerque auto accident lawyers how we can help you obtain the most compensation you may be entitled to for your injuries.  Call to schedule your FREE appointment with our lawyers at the Mark Caruso by dialing (505) 308-1556.  

We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico.  Please call to schedule for FREE appointment by dialing (505) 308-1556 or contact us through our website’s easy to use and convenient contact box available here.

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