Few things are scarier than being injured by a drunk driver. While countless “what if’s” run through your mind, one thing matters most right now: New Mexico gives you the right to recover compensation, and the average settlement for a drunk driving accident often reflects the seriousness of what you’ve been through.
You may be curious about the average settlement for a drunk driving accident. Although any offer of compensation sounds appealing as you recover from your injuries, it’s vital to first speak to a personal injury attorney to determine the actual value of your case.
Key Points
Settlements for drunk driving accidents in New Mexico typically range from $10,000 for minor soft-tissue injuries to over $1,000,000 for catastrophic injuries or wrongful death, since New Mexico’s pure comparative fault rules and available punitive damages against the at-fault driver mean there’s no fixed average.
If you were hit by a drunk driver, obtaining a settlement may quickly become a priority.
Your injuries may prevent you from working, and you may be facing mounting medical expenses.
You may search online for information about an average drunk driver settlement and read about formulas and other methods to determine case values.
However, the fact is, when you’re hit by a drunk driver, settlement values vary. Each case presents unique details and circumstances impacting compensation amounts.
Multiple factors impact settlement values in a drunk driving case.
Whether these common factors apply to your particular case requires an analysis of your case by your personal injury attorney.
It may seem obvious that a drunk driver is at fault for any accident resulting from their behavior.
In most cases, this may be true. However, there may be circumstances that reduce your potential compensatory award.
For example, perhaps you were looking at your phone while driving during the collision, and that distraction contributed to the accident.
New Mexico is a pure comparative negligence state which means you are entitled to damages even if you are found to be partially at fault for an accident.
However, your compensation will be reduced by your percentage of fault as determined by the court.
For example, if you were 60% at fault for the accident, you are still entitled to 40% of your damages because the other driver was 40% at fault for the accident.
When you’re rear-ended by a drunk driver, settlement values are also impacted by the severity of your injuries.
For example, if an accident victim suffers permanent injuries, like paralysis, they will likely receive more compensation than a person who suffers a broken arm that fully recovers with no complications or long-term impacts.
The damages suffered in your drunk driving accident are also an important factor impacting the potential value of your case.
Compensatory damages in personal injury cases, like car accidents, are divided into economic and noneconomic damages.
Economic damages compensate you for tangible losses related to your accident and include medical expenses, loss of wages, loss of future earnings, and property damage.
Economic damages are generally easy to calculate because invoices, receipts, bills, and pay stubs provide strong supporting evidence for the total amount.
Noneconomic damages include subjective losses related to your accident. Due to their subjective nature, noneconomic damages are more difficult to prove.
Noneconomic damages include emotional distress, pain and suffering, loss of consortium, and permanent disfigurement or disability.
Putting a value on these losses requires the assistance of a personal injury attorney.
New Mexico law requires all drivers to obtain minimum coverage insurance.
The mandatory limits for insurance include the following:
Your drunk driving accident may involve an insured driver who only purchased the minimum coverage limits.
As you develop a more accurate picture of your damages, you may find these minimum insurance coverage limits fail to adequately cover your losses.
If this happens, you may wish to pursue a lawsuit against the driver.
No. There is no true “average” settlement, because compensation in drunk driving accident cases varies widely based on the specific facts and circumstances of each case. Each case presents unique details that impact the final amount, which is why speaking with a personal injury attorney to determine the actual value of your case matters.
Several key factors influence settlement value, including liability, shared fault under New Mexico’s comparative negligence rules, the severity of your injuries, and the overall damages you suffered. Whether these factors apply to your situation requires an attorney’s analysis of your specific case.
Yes. New Mexico is a pure comparative negligence state, which means you can recover damages even if you are found partially at fault. Your compensation is reduced by your percentage of fault. For example, if you were 60% at fault, you are still entitled to 40% of your damages.
Compensatory damages are divided into economic and noneconomic damages. Economic damages cover tangible losses like medical expenses, lost wages, loss of future earnings, and property damage. Noneconomic damages cover subjective losses like emotional distress, pain and suffering, loss of consortium, and permanent disfigurement or disability.
New Mexico law requires all drivers to carry minimum coverage of $25,000 for the bodily injury or death of one person, $50,000 for the bodily injury or death of two or more people, and $10,000 in property damage per accident. If the at-fault driver only carried these minimums, they may not fully cover your losses, and you may need to pursue a lawsuit.
At Tawney, Acosta & Chaparro P.C., we are proud to serve clients throughout New Mexico, Texas, and Arizona.
Our legal team understands the difficulties you are facing after enduring the trauma and stress of a drunk driving accident.
As you recover from your injuries, you may feel overwhelmed by your growing financial burdens or inability to work.
Our legal team consists of skilled negotiators and aggressive litigators who can help you at the negotiating table and in the courtroom.
We aren’t afraid to fight for what you deserve so you can focus on moving forward with your life.
Contact us today by phone or online for a free consultation.
James Tawney is a dedicated advocate for injury victims throughout the Southwest. Born and raised in Arizona, he graduated summa cum laude from Northern Arizona University before earning his law degree from Texas Tech University School of Law. In 2016, James co-founded Tawney, Acosta & Chaparro P.C., where he continues to focus on protecting the rights of individuals and families harmed by negligence.
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