Lost Earning Capacity in New Mexico Catastrophic Injury Cases
When a catastrophic injury ends or limits your ability to work, the lost income over a lifetime can be one of the largest parts of a claim. Lost earning capacity is different from the wages you have already missed — it is about your future ability to earn.
Lost wages vs. lost earning capacity
Lost wages are the income you have already missed. Lost earning capacity is the reduction in your ability to earn going forward — the career you can no longer pursue, the hours or work you can no longer do, over your remaining working life. For a permanent injury, this future loss can be substantial.
How it is proven
Vocational and economic experts assess what you could have earned but for the injury, what you can earn now, and the difference over your working life, reduced to present value. This turns a changed future into a documented, defensible figure.
How we help
We engage the vocational and economic experts to document the full loss of earning capacity and pursue it as part of the recovery. The review is free and confidential. Se habla español.
How much is my catastrophic injury case worth? →
Frequently asked questions
What is the difference between lost wages and lost earning capacity?
Lost wages are income already missed. Lost earning capacity is the reduction in your future ability to earn because of a permanent injury — often a much larger loss, proven with vocational and economic experts.
What is the difference between lost wages and lost earning capacity?
Lost wages are income already missed. Lost earning capacity is the reduction in your future ability to earn because of a permanent injury — often a much larger loss, proven with vocational and economic experts.
How is lost earning capacity proven?
Vocational and economic experts assess what you could have earned but for the injury, what you can earn now, and the difference over your remaining working life, reduced to present value — turning a changed future into a documented figure.
What if I was young or not yet working?
Lost earning capacity can still apply — for a child or young person, experts can project the earning potential that the injury took away, based on recognized methods. It is part of documenting the full future loss.
How long do I have to file a catastrophic injury claim in New Mexico?
A catastrophic injury claim generally follows the deadline for its underlying cause — an ordinary injury deadline for a crash or unsafe property, a shorter one for a government claim, or a specialized one for medical malpractice. Because deadlines are strict and evidence is best preserved early, get a review right away.
How is a catastrophic case different from an ordinary injury claim?
The biggest difference is the future. These cases must account for a lifetime of medical care, lost earning capacity, equipment, and changed circumstances — not just the bills so far — which requires experts and careful planning, and raises the stakes and the defense considerably.
Why does a catastrophic case need so many experts?
Because the value lies in the future. Life-care planners project the lifetime of needs and costs, economists reduce them to present value, vocational experts assess lost earning capacity, and medical experts document the injury and prognosis. Together they turn a changed life into a documented claim.
How much does a catastrophic injury lawyer cost?
We handle these cases on a contingency basis, which means no fee unless we recover, and the initial review is always free. These cases are expensive to build — they require medical, life-care, and economic experts — and we advance those costs, so your family can pursue a claim.
Are catastrophic injury damages capped?
In our states, generally not for an ordinary injury — a catastrophic injury from a crash, a defective product, or unsafe property is typically not capped. Caps apply mainly to medical malpractice and, in some states, government claims. The value lies in the lifelong losses.
How much is a catastrophic injury case worth?
It depends on the lifelong medical care, lost earning capacity, the human impact, and how much insurance and how many responsible parties can be reached. These can be high-value cases because the future costs are genuinely large, but no one can value it without documenting the future.
The insurer offered a settlement quickly. Should we take it?
Be very cautious. In a catastrophic case, even a large-sounding early offer is often far below the lifelong cost, and it is usually made before the future needs are documented. Accepting it typically closes the claim for good, so understanding the full picture first is essential.
What if one insurance policy is not enough?
That is common in catastrophic cases. Identifying every responsible party and every source of coverage is critical, and where an insurer unreasonably refuses to settle a clear claim within its limits, that can create additional exposure. Reaching enough coverage is part of the work.
How long do catastrophic injury cases take?
They often take longer than ordinary claims, because the future needs must be documented with experts, and the defense is aggressive. We do not rush the recovery or the documentation, and we keep your family informed at each step.
Do I really need a lawyer for a catastrophic injury?
These are the highest-stakes cases, requiring expert documentation of a lifetime of needs and identification of every responsible party and policy, against a determined defense. Experienced handling makes a real difference. A free review is a no-pressure way to learn where you stand.
Should we settle before we know the full extent of the injury?
Generally no. Because a settlement is usually final, settling before the injury has stabilized and the future needs are documented can leave a lifetime of costs uncovered. It is usually better to understand the full picture first.
Can family members recover anything?
Sometimes. Depending on the state and the facts, a spouse may recover for loss of companionship, and if a catastrophic injury becomes fatal, the family may have wrongful death and survival claims. A review can explain what applies.
New Mexico law — what people ask
How long do I have to file an injury claim in New Mexico?
Generally three years — longer than California or Arizona allow. But if a government entity is involved, the Tort Claims Act requires written notice within 90 days, which is the shortest deadline in New Mexico injury law and can pass while someone is still in hospital.
Can I still recover if I was partly at fault in New Mexico?
Yes. New Mexico follows pure comparative negligence, so your share of fault reduces the recovery rather than barring it, with no cutoff percentage. The rule came from the state’s courts rather than its legislature.
Does New Mexico cap what I can recover?
It depends entirely on who caused the harm, and this is where New Mexico is genuinely different. An ordinary injury claim is not capped. Medical-malpractice claims run into a tiered cap under the Medical Malpractice Act, and claims against government entities run into separate Tort Claims Act limits. Three regimes, three answers.
What if more than one party was responsible?
New Mexico largely does away with joint and several liability, so each defendant is generally responsible for its own share. There are meaningful exceptions — intentional torts, vicarious liability, and products in the stream of commerce among them.
The driver who hit me had no insurance. What now?
This happens more here than in most states. Your own uninsured or underinsured coverage is the route, and New Mexico courts have been comparatively protective of policyholders on stacking — combining the limits of more than one policy or vehicle where premiums were paid for each.
Is a medical claim treated differently in New Mexico?
Substantially. Claims against providers qualified under the Medical Malpractice Act pass through a review commission before suit, are governed by a statute of repose rather than an ordinary limitations period, and are subject to the tiered caps with a compensation fund behind them.
Injury law in New Mexico
New Mexico injury law gives families a longer window and some distinctive rules.
- Filing deadline: New Mexico gives you longer than most states — generally three years from the injury — with a 90-day notice deadline when a government entity is involved.
- Fault: New Mexico follows pure comparative negligence, so sharing some of the blame reduces your recovery rather than ending your claim.
- Damage caps: An ordinary New Mexico injury case is not capped; medical-malpractice and government claims have their own separate limits.
- Multiple defendants: New Mexico generally applies several liability, with some exceptions.
Related catastrophic injury types
California injury law
This is general information about New Mexico injury law, not legal advice. Every case is different.
Facing a catastrophic injury?
A quick, confidential review can tell you where you stand — about two minutes, no cost, no obligation.