Recovering Compensation for Emotional Distress in New Mexico Injury Cases

by | Dec 17, 2023 | Injuries | 0 comments

The impact of personal injuries goes beyond the physical repercussions, often delving into the territory of emotional distress. The toll that accidents and injuries can have on the mental and emotional well-being of individuals and their families is often profound. Although monetary compensation cannot cure ailments like depression or anxiety, it can help alleviate some stress that may be exacerbating these issues.

At Dominguez Law, we firmly believe a comprehensive approach to personal injury cases must encompass not only the physical repercussions but also the emotional challenges faced by our clients. If you or someone you love is suffering from emotional distress after a personal injury accident, our team is here to advocate for your rights and pursue the justice you deserve.

What To Know About Emotional Distress Claims in New Mexico

Emotional distress encompasses a range of mental and emotional responses to traumatic events, including anxiety, depression, fear, and anguish. In the context of personal injury cases, emotional distress often arises from the direct impact of the injury, the subsequent medical treatment, and the lasting psychological effects.

In New Mexico, pursuing compensation for emotional distress involves meeting specific legal criteria. Generally, there are two types of emotional distress claims. They include:

Negligent Infliction of Emotional Distress (NIED)

This claim arises when the plaintiff witnesses the injury or death of a close family member due to the defendant’s negligent actions. In such cases, New Mexico law allows for recovery if certain criteria are met, including a close relationship between the plaintiff and the injured party. Typically, these claims involve sudden, traumatic events.

Intentional Infliction of Emotional Distress (IIED)

This claim arises when the defendant’s intentional actions cause severe emotional distress to the plaintiff. For a successful IIED claim, it must be demonstrated that the defendant’s conduct was extreme and outrageous, intentionally or recklessly causing severe emotional distress.

Proving Emotional Distress in New Mexico Courts

Successfully recovering compensation for emotional distress requires establishing several key elements:

  • Causation: It must be demonstrated that the emotional distress is a direct result of the defendant’s actions or negligence.
  • Severity: New Mexico courts typically require that the emotional distress be severe and beyond what a reasonable person could be expected to endure.
  • Documentation: Thorough documentation of the emotional distress, often through medical records, expert testimony, and psychological evaluations, strengthens the case.

Successfully recovering compensation for emotional distress requires establishing a direct link between the defendant’s actions and the emotional harm suffered. Dominguez Law works diligently to demonstrate causation through thorough documentation, including medical records, expert testimony, and psychological evaluations.

We are well-versed in navigating the intricacies of emotional distress claims in New Mexico. Whether negotiating with insurance companies or representing you in court, we provide compassionate and aggressive representation to seek the compensation you deserve for the emotional distress you have suffered.

Seek Legal Counsel for Emotional Distress After a Personal Injury Accident

Recognizing the sensitive nature of emotional distress claims, we offer support throughout the legal process, guiding you with empathy and understanding. If you have suffered emotional distress as a result of an injury, the Dominguez Law team is here to help you navigate the legal landscape and pursue the compensation you need for both your physical and emotional recovery.

Contact us for a free consultation to discuss the specifics of your personal injury case and explore your legal options to compensate for your emotional distress. Call (505) 850-5854 or fill out our convenient online contact form for more information about how we can help. We also speak Spanish.