How to Obtain Punitive Damages in a New Mexico Personal Injury Case

by | Apr 7, 2023 | Injuries | 0 comments

Personal injury cases can be complicated, and the damages you can recover can vary greatly depending on the circumstances of your case. Punitive damages are awarded to punish the liable party for their behavior and to deter them and others from engaging in similar behavior in the future. In some cases, punitive damages may be available to you. 

It is essential to understand that punitive damages are not awarded in every case. In New Mexico, punitive damages are only awarded in cases where the liable party’s conduct was intentional, malicious, fraudulent, or in reckless disregard of the victim’s rights or safety. In other words, it must be more than just negligent or careless; it must rise to the level of willful misconduct. To determine whether punitive damages may be appropriate in your case, speak with the experienced personal injury lawyers at Dominguez Law. 

4 Ways You May Qualify to Obtain Punitive Damages in a New Mexico Personal Injury Case 

Your personal injury lawyer will investigate the facts and circumstances regarding your case and look for evidence that shows the liable party’s conduct was intentional, malicious, wanton, or reckless. In order to possibly qualify for punitive damages, your case will have to show the following: 

  • Previous misconduct: If the liable party has a history of similar misconduct, this may show that their behavior was intentional or reckless. 
  • Awareness of risk: If the liable party was aware of the risk their behavior posed to others but continued to engage in that behavior anyway may show evidence of willful misconduct. 
  • Profit motive: If the liable party’s motive was motivated by a desire for financial gain, this may be evidence of intention or malicious conduct. 
  • Concealment of conduct: If the liable party tried to cover up their behavior or hide it from others, this may show fraudulent or willful conduct. 

An experienced personal injury lawyer will fight to establish that a liable party’s conduct was intentional, malicious, fraudulent, or in reckless disregard of your rights to obtain punitive damages on your behalf. Punitive damages are generally awarded on top of compensatory damages, which are damages intended to compensate you for financial and emotional losses. 

Compensatory Damages You May Recover in a Personal Injury Case 

Compensatory damages are meant to compensate an accident victim for losses and expenses resulting from the injury. In a successful personal injury claim, you may be eligible to recover the following depending on the circumstances of your accident and subsequent injuries: 

  • Medical expenses 
  • Lost wages 
  • Property damages
  • Pain and suffering 
  • Loss of consortium 
  • Disability and impairment 
  • Scarring and disfigurement 
  • Loss of enjoyment of life 

At Dominguez Law, we can evaluate the economic and non-economic harm you suffered as a result of someone else’s negligence to determine the total value of the compensation you deserve. We consider the present and future losses you may incur, as well as the punitive damages you may be entitled to for malicious or grossly negligent conduct. 

Speak With the Personal Injury Lawyers at Dominguez Law 

Qualifying for punitive damages in a New Mexico personal injury case requires a strong case that shows clear and convincing evidence of willful or malicious conduct on the behalf of the liable party. It is imperative to work with the compassionate and aggressive personal injury lawyers at Dominguez Law who understand the complexities of New Mexico law and can help build a compelling case. 

By following the legal counsel of your skilled personal injury lawyer, you can increase your chances of recovering punitive damages that can help compensate you for the harm suffered as a result of someone else’s actions. Schedule a complimentary consultation by calling (505) 850-5854 or filling out our contact form. We are fluent in English and Spanish.