You’re gonna hate this, but the answer is “It Depends.” Here’s the breakdown:
If you’ve been hurt by a drunk driver in New Mexico, you’re probably wondering about compensation. While there’s no “average” settlement amount, understanding what factors influence your settlement can help you set realistic expectations. Let’s break it down.
Key Factors That Can Make or Break Your Settlement
1. How Badly Were You Hurt?
It’s simple: more severe injuries typically lead to higher settlements. Why? Because they cost more to treat and have a bigger impact on your life. For example:
- A minor whiplash might settle for $10,000
- A traumatic brain injury could result in a settlement of $500,000 or more
Your settlement should cover all your medical expenses, from emergency room visits to long-term therapy. It should also account for pain and suffering. Learn more about how head injuries can impact your case.
2. Who Was at Fault?
New Mexico uses a “pure comparative negligence” rule. Here’s what that means for you:
- You can recover damages even if you were partly at fault
- Your compensation gets reduced by your percentage of fault
Let’s say your medical bills total $100,000. If the drunk driver was 100% at fault, you could recover the full $100,000. But if you were found 20% at fault (maybe you were speeding), you’d recover $80,000. Make sense?
3. How Much Insurance Coverage Is There?
Here’s where things can get tricky. The at-fault driver’s insurance limits can cap your settlement. For instance:
- Your damages: $100,000
- Drunk driver’s policy limit: $25,000
- You might only get $25,000 from their insurance
This is why uninsured/underinsured motorist coverage is so crucial. It can help fill that gap.
4. How Has This Affected Your Life Long-Term?
Injuries that have lasting effects often result in higher settlements. Why? Because they impact your future earning potential and quality of life. For example, a permanent disability might add $500,000 or more to your settlement to cover future care and lost wages.
How to Maximize Your Settlement
While you can’t control all factors, here are some steps to potentially increase your settlement:
- Get medical attention immediately: This creates a clear link between the accident and your injuries. No delays!
- Document everything: Keep all medical bills, police reports, and photos of your injuries and the accident scene.
- Don’t rush to settle: The first offer is rarely the best. Be patient.
- Consider punitive damages: In drunk driving cases, you might be eligible for additional punitive damages. These can significantly increase your settlement.
- Hire an experienced attorney: A lawyer who knows New Mexico drunk driving laws can make a big difference. Contact us to learn how we can help.
What If the Insurance Company Won’t Offer a Fair Settlement?
Don’t worry, you have options:
- File a complaint with the New Mexico Office of Superintendent of Insurance
- Consider mediation or arbitration
- File a lawsuit against the drunk driver
How Roadrunner Law Firm Can Help
At Roadrunner Law Firm, we’ve handled numerous drunk driving accident cases. We know how to:
- Investigate your accident thoroughly
- Calculate the full extent of your damages (even those you might not have thought of)
- Negotiate aggressively with insurance companies
- Take your case to court if necessary
Remember, in New Mexico, you generally have three years from the accident date to file a lawsuit. But don’t wait – the sooner you act, the stronger your case can be.
Been hurt by a drunk driver? Don’t face this alone. Call Roadrunner Law Firm today at 505-444-4321 for a free consultation. Let’s talk about your case and how we can fight for the compensation you deserve.
