You could suffer severe injuries in a slip and fall accident that causes you to be off work for months or longer—with no income and mounting medical bills while you recover. In New Mexico, you may be able to recover compensation for your injuries if the negligence of a business or property owner caused your fall.
Slip and fall accident claims can be challenging to prove and settle with the insurance company. You need the help of an experienced personal injury attorney who can advise on the damages you are entitled to and will go up against the insurance company so that you receive the maximum recovery in your settlement.
Types of Compensation You May Be Able to Recover in a Slip and Accident Case
It is essential to understand the types of compensation you can receive in a slip and fall accident claim to avoid accepting an unfair settlement offer from the insurance company. In our state, you can recover noneconomic and economic damages from the negligent party who caused your slip, fall, or trip. Economic damages compensate you for your financial losses, and noneconomic damages compensate you for your emotional and psychological injuries.
You should receive your past and future damages in your settlement with the insurance company. Types of compensation you may be entitled to include the following:
You are entitled to compensation for the medical treatments you need to treat your injuries. If you suffered a long-term injury that will require future medical care, this should also be included in your settlement. Types of medical expenses to request include:
- Doctor visits
- Physical and occupational therapy
- Diagnostic tests
- Chiropractic treatments
- Mental health counseling
If you had to take time off work while you recovered from your injuries, you should receive compensation for the wages, vacation and sick time, commissions, and other perks of your job that you lost. You can recover lost earning capacity damages for your future wage losses if you become permanently disabled or make a career change resulting in a pay cut due to your injuries.
If any of your property was damaged when you fell, you may be able to recover the cost to repair the property or replace it if it cannot be fixed. Property that could be damaged includes a smartwatch, cellphone, tablet, laptop, jewelry, eyeglasses, shoes, and more.
Your noneconomic damages are harder to calculate because they are not based on bills, receipts, or other fixed monetary losses. You need a skilled personal injury lawyer who has successfully settled and litigated slip and fall accident cases to calculate the value of your noneconomic damages. Noneconomic damages can include the following:
- Physical pain and suffering
- Emotional anguish
- Permanent disability or impairment
- Loss of consortium, which is the loss of marital, parental, or other important relationships
- Loss in the quality of your life
Wrongful Death Damages
If a family member died due to their injuries in a slip and fall accident, you might be able to file a wrongful death action. While pursuing a claim for compensation will not take away the pain of losing your loved one, it can help you obtain justice and the compensation that can help you move on in your life. Types of compensation recoverable in a wrongful death case include:
- Medical expenses for the injuries your loved one suffered in their fall
- Funeral and burial expenses
- Loss of your loved one’s financial support
- Loss of your loved one’s emotional support and guidance
- Your pain and suffering
In New Mexico, punitive damages are rarely awarded in slip and fall accident cases. They are designed to punish the negligent business or property owner, not compensate you as the victim of the accident. You would need to show that the owner’s actions in allowing the dangerous condition to exist that caused your fall were malicious, willful, reckless, or wanton to be entitled to punitive damages.
Do you need to file a claim for injuries you suffered in a slip and fall accident in Roswell, Carlsbad, Artesia, or Southeast New Mexico? Our dedicated personal injury lawyers are here to answer your questions and go up against the insurance company so that you receive all the compensation you are entitled to for your injuries. To learn more about how we can assist you and your rights, call our Roswell office at 575-300-4000 or fill out our online form to schedule your free consultation today.