How is Pain and Suffering Calculated in a Personal Injury Case in New Mexico?

If you were hurt in a car crash, slip and fall, or any serious accident in New Mexico, you may be wondering how much compensation you’re entitled to, especially for the emotional toll and physical discomfort you’ve endured. These non-economic damages are known as pain and suffering and can make up a significant part of a personal injury settlement.

At The Law Giant Injury Lawyers, we understand how overwhelming and confusing the aftermath of an injury can be. We’re here to break down how pain and suffering are calculated in New Mexico personal injury cases and how an experienced attorney can help you fight for the full value of your claim.

What Counts as Pain and Suffering in a Personal Injury Claim?

“Pain and suffering” refers to the physical pain and emotional distress a victim experiences due to an injury. It goes beyond medical bills or lost wages. Pain and suffering may include:

• Physical pain from injuries or surgeries
• Emotional trauma, anxiety, or depression
• Loss of enjoyment of life
• Sleep disturbances
• PTSD or psychological disorders
• Permanent disability or disfigurement

Unlike economic damages, pain and suffering don’t come with a receipt or price tag. That’s why insurance companies often undervalue these damages—unless you have strong legal representation.

How Do Insurance Companies in NM Calculate Pain and Suffering?

There’s no single formula used across the board, but two common methods are often used in New Mexico personal injury claims:

1. The Multiplier Method

This approach multiplies your economic damages (like medical expenses and lost wages) by a number—usually between 1.5 and 5—based on the severity of your injuries.

Example:
If you had $30,000 in medical bills and the insurance company uses a multiplier of 3 for serious injuries, your pain and suffering would be estimated at $90,000.

Factors that affect the multiplier include:

• Severity and permanence of the injury
• Impact on daily life
• Length of recovery
• Emotional or psychological damage
• Clear evidence of suffering, like medical reports or therapy sessions 

2. The Per Diem Method

“Per diem” means “per day” in Latin. This method assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you’ve been suffering.

Example:
If the daily rate is $150 and you suffered for 180 days, your pain and suffering damages would total $27,000.

The challenge with this method is justifying the daily rate. It typically reflects your wages, cost of treatment, or another reasonable estimate of daily impact.

Factors That Influence Pain and Suffering Compensation

Every personal injury case is unique. In New Mexico, the following factors can influence the amount you receive for pain and suffering:

• Type of injury: Traumatic brain injuries, spinal cord damage, burns, or amputations usually warrant higher compensation.
• Medical treatment: Ongoing surgeries, physical therapy, or psychological counseling strengthen your claim.
• Long-term impact: Disabilities, chronic pain, or inability to return to work raise the value of your claim.
• Credibility: Your testimony, witness statements, and documentation (like a pain journal) can support your claim.
• Comparative fault: New Mexico follows a pure comparative negligence rule. If you’re partly at fault for your injury, your compensation (including for pain and suffering) can be reduced by your percentage of fault.

Is There a Limit on Pain and Suffering in New Mexico?

Unlike some states, New Mexico does not cap pain and suffering damages in most personal injury cases. However, medical malpractice claims are capped. As of 2024, non-economic damages in medical malpractice cases are capped at $750,000 (excluding future medical expenses).

Why You Need a Lawyer to Maximize Your Pain and Suffering Compensation

Insurance companies are quick to downplay pain and suffering. Without a lawyer, they may offer you a lowball settlement that doesn’t come close to what you deserve. At The Law Giant Injury Lawyers, we know how to build compelling cases that show just how much your injury has affected your life.

We work with:

• Medical experts
• Psychologists or therapists
• Vocational experts
• Life care planners

We’ll gather the evidence and negotiate aggressively so you’re fully compensated—not just for what you can show on paper, but for everything you’ve endured.

Get Help from a Law Giant Personal Injury Lawyer Today

If you’re struggling after an accident and wondering what your pain and suffering are really worth, don’t go it alone. Let The Law Giant Injury Lawyers fight for you.

We offer free consultations and don’t charge a fee unless we win. Our team is ready to listen, support, and get to work. Contact us today to learn how we can help you recover the compensation you deserve.

Call The Law Giant Injury Lawyers today at 505-257-4355 or fill out our online form to get started.