What Are Compensatory Damages?

Injured In An Accident? Garcia Legal Can Help

What are compensatory damages?

Have you been wondering: what are compensatory damages? In New Mexico, there are two types of damages: compensatory damages and punitive damages. 

Compensatory damages are damages which are intended to compensate a plaintiff for a damage, injury, or loss. At the beginning of an injured party’s claim, many of the compensatory damages are unknown.  It is essential to begin the process of identifying and locating all the necessary evidence to prove these damages.

At trial, the plaintiff requests that the jury or judge award compensatory damages for past medical expenses; future medical expenses; pain and suffering; the nature, extent, and duration of injuries; disfigurement; lost earnings and wages; loss of enjoyment of life; loss of household services; and non-medical expenses, provided the evidence supports a jury instruction on each respective damage element.  

Instead of developing the evidence to support the award of a specific amount, other “injury lawyers” simply approach their cases by identifying an “anchoring” number.  They say, “we’ll, three times the meds is a good settlement.”  Sometimes they say this to the prospective client shortly after meeting the prospective client and verifying the facts.

Other lawyers describe damages the way damages are described in the state where the out-of-town lawyer is from, or how damages were described 30 years ago.  They use terms like “special damages,” “specials,” “general damages,” “exemplary damages,” etc.

Be cautious when thinking about hiring a lawyer who relies upon general descriptions, or “rules of thumb” when talking about the damages you may be entitled to under New Mexico law.  

Garcia Legal does not apply “rules of thumb” to its clients’ cases.  The damages a Garcia Legal client is entitled to are clearly defined under the New Mexico Uniform Jury Instructions.  Garcia Legal fights for the client’s right to receive fair and reasonable compensation as allowed under New Mexico law.   



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When you get into an accident, you need a New Mexico personal injury lawyer you can trust to see you through to the other side. Insurance companies, claims adjusters, and bill collectors will overwhelm you with phone calls in the aftermath of an accident – all while you’re trying to deal with personal injuries and emotional damage. Hiring a personal injury lawyer in Los Lunas New Mexico can help you successfully resolve your case and get the compensation you need and deserve. If you or a loved one have been hurt or injured by someone else’s negligence, call Garcia Legal today.