If you or a loved one have suffered the horrible experience of being in a rear-end car accident in New Mexico, rest assured there is hope.
Although no amount of money can truly compensate you for what you’ve been through, there may be compensation available from a car accident settlement to help ease your burden.
What Is the Average Payout for a Rear-End Collision?
A potential settlement could help cover the unexpected costs and even pay you for your suffering. Unfortunately, there is no such thing as an “average” settlement for a rear-end car accident.
The settlement amount depends on the facts of your case and various factors that increase or decrease a settlement’s potential value.
Negligence and Liability
One of the key parts of any car accident case is proving the other driver was negligent and, therefore, responsible for what happened. To prove negligence in a rear-end collision, you will need to prove the following:
- The driver owed you a duty of care;
- The driver violated the duty they owed to you;
- The driver’s negligence was the cause of your injuries; and
- There are specific damages you suffered due to the driver’s negligence.
“Duty of care” is a legal term describing each person’s responsibility to act reasonably to avoid harming others. For example, in rear-end collisions, both parties have a duty to act reasonably to avoid an accident and follow traffic laws.
Acting reasonably means acting as a reasonable person would be expected to act in the same circumstances.
In New Mexico, even if you are 99% at fault for the collision, you may still recover some compensation. However, your compensation will be reduced by your percentage of fault.
For example, if you were 20% at fault, you will be able to recover only 80% of your damages.
The settlement value of a case is completely dependent on whether you can establish negligence, and therefore liability, on the part of the other driver.
Additionally, proving the other driver is solely at fault would maximize the value of your damages. After establishing liability, an attorney will add up the damages in your case.
Damages
Simply put, the higher the damages, the higher the settlement value. Damages can be economic and non-economic. Economic damages are monetary losses such as:
- Medical bills,
- Future health care costs,
- Lost income for missed work,
- Lost future earnings, and
- Property damage or loss.
These damages are usually easy to calculate because a specific monetary value is attached to them. Generally, the biggest factor for economic damages is the severity of your injuries.
More severe injuries require more medical attention, and medical attention leads to higher healthcare costs. It also matters whether your injuries are temporary or permanent. A permanent injury will result in higher future healthcare costs.
Non-economic damages compensate you for the emotional and mental suffering caused by your accident.
Non-economic damages tend to be more subjective, and it isn’t easy to put an amount on them. However, some examples of non-economic damages are:
- Pain and suffering,
- Long-term physical impairments,
- Disfigurement,
- Emotional distress,
- Loss of enjoyment of life, and
- Loss of consortium.
If you lost a loved one in a rear-end accident, you can recover for the economic and noneconomic losses you have suffered as a result.
As with car accident settlements, there is no “average” settlement for a rear-end car accident resulting in death. However, an attorney can help you estimate the value of your claim based on your individual circumstances.
Insurance
The purpose of a settlement is to make the accident victim whole again by compensating for their damages. Auto insurance coverage provides a solid foundation to recover some damages, assuming the other driver is insured.
New Mexico law requires all drivers to obtain minimum insurance policies covering the following amounts:
- $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 to cover property damage for any one accident.
However, if the injuries are severe or result in the death of a loved one, you might find these minimum coverage limits don’t fully cover your damages. In that case, or if the driver is uninsured, your attorney will discuss other options that might be available.
We Can Help Maximize Your Recovery
If you’re curious what the “average” settlement for a read-end car accident similar to yours might be, contact the attorneys at Tawney, Acosta & Chaparro P.C.
We proudly serve clients throughout New Mexico and Texas. We are members of the Multi-Million Dollar Advocates Forum—one of the most prestigious groups of trial lawyers in the United States. Contact us today to obtain a free consultation and learn more about how our firm can help you.
If you or a loved one have suffered the horrible experience of being in a rear-end car accident, rest assured there is hope.
Although no amount of money can truly compensate you for what you’ve been through, there may be compensation available from a car accident settlement to help ease your burden.
What Is the Average Payout for a Rear-End Collision?
A potential settlement could help cover the unexpected costs and even pay you for your suffering. Unfortunately, there is no such thing as an “average” settlement for a rear-end car accident.
The settlement amount depends on the facts of your case and various factors that increase or decrease a settlement’s potential value.
Negligence and Liability
One of the key parts of any car accident case is proving the other driver was negligent and, therefore, responsible for what happened. To prove negligence in a rear-end collision, you will need to prove the following:
- The driver owed you a duty of care;
- The driver violated the duty they owed to you;
- The driver’s negligence was the cause of your injuries; and
- There are specific damages you suffered due to the driver’s negligence.
“Duty of care” is a legal term describing each person’s responsibility to act reasonably to avoid harming others.
For example, in rear-end collisions, both parties have a duty to act reasonably to avoid an accident and follow traffic laws. Acting reasonably means acting as a reasonable person would be expected to act in the same circumstances.
In New Mexico, even if you are 99% at fault for the collision, you may still recover some compensation. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, you will be able to recover only 80% of your damages.
The settlement value of a case is completely dependent on whether you can establish negligence, and therefore liability, on the part of the other driver.
Additionally, proving the other driver is solely at fault would maximize the value of your damages. After establishing liability, an attorney will add up the damages in your case.
Damages
Simply put, the higher the damages, the higher the settlement value. Damages can be economic and non-economic. Economic damages are monetary losses such as:
- Medical bills,
- Future health care costs,
- Lost income for missed work,
- Lost future earnings, and
- Property damage or loss.
These damages are usually easy to calculate because a specific monetary value is attached to them. Generally, the biggest factor for economic damages is the severity of your injuries.
More severe injuries require more medical attention, and medical attention leads to higher healthcare costs. It also matters whether your injuries are temporary or permanent. A permanent injury will result in higher future healthcare costs.
Non-economic damages compensate you for the emotional and mental suffering caused by your accident.
Non-economic damages tend to be more subjective, and it isn’t easy to put an amount on them. However, some examples of non-economic damages are:
- Pain and suffering,
- Long-term physical impairments,
- Disfigurement,
- Emotional distress,
- Loss of enjoyment of life, and
- Loss of consortium.
If you lost a loved one in a rear-end accident, you can recover for the economic and noneconomic losses you have suffered as a result.
As with car accident settlements, there is no “average” settlement for a rear-end car accident resulting in death. However, an attorney can help you estimate the value of your claim based on your individual circumstances.
Insurance
The purpose of a settlement is to make the accident victim whole again by compensating for their damages. Auto insurance coverage provides a solid foundation to recover some damages, assuming the other driver is insured.
New Mexico law requires all drivers to obtain minimum insurance policies covering the following amounts:
- $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 to cover property damage for any one accident.
However, if the injuries are severe or result in the death of a loved one, you might find these minimum coverage limits don’t fully cover your damages.
In that case, or if the driver is uninsured, your attorney will discuss other options that might be available.
We Can Help Maximize Your Recovery
If you’re curious what the “average” settlement for a read-end car accident similar to yours might be, contact the attorneys at Tawney, Acosta & Chaparro P.C.
We proudly serve clients throughout New Mexico and Texas. We are members of the Multi-Million Dollar Advocates Forum—one of the most prestigious groups of trial lawyers in the United States.
Contact us today to obtain a free consultation and learn more about how our firm can help you.
James Tawney
James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona, where he attended Northern Arizona University and graduated summa cum laude.
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