Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
Under New Mexico law, you can include minor soft tissue injuries and muscle pain in a personal injury claim. These types of injuries often fall under non-economic damages (pain and suffering) and may also lead to economic damages (medical bills, physical therapy, prescription costs).
1. Types of Recoverable Damages
- Economic Damages: Medical expenses (doctor visits, imaging, physical therapy), lost wages if treatment forces you to miss work.
- Non-Economic Damages: Pain and suffering, emotional distress, reduced quality of life.
2. Proving Soft Tissue Injuries
Soft tissue injuries often lack clear imaging evidence. To strengthen your claim:
- Obtain prompt medical records and imaging reports.
- Ask your physician or physical therapist to document your range of motion and pain level.
- Keep a daily journal of pain levels, mobility issues, and medication.
- Consider an expert witness (e.g., treating doctor) to explain how minor injuries can cause long-term effects.
3. Statute of Limitations
In New Mexico, you generally have three years from the date of injury to file a personal injury lawsuit. See N.M. Stat. Ann. § 37-1-8 (NMSA 1978, § 37-1-8).
4. Insurance Considerations
Most claims begin with the at-fault partys insurer. Carriers often offer lower settlement amounts for minor or soft tissue injuries. You may need to negotiate or consider litigation if you cannot reach a fair settlement.
Helpful Hints
- Seek medical attention immediately, even for mild pain.
- Document every medical visit, treatment plan, and out-of-pocket expense.
- Take photos of the scene and your injuries soon after the incident.
- Keep all communication with insurers in writing.
- Consult an attorney before accepting any settlement offer.