Disclaimer: This article provides general information on New Mexico law and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Documenting Your Pre-Existing Condition
Begin by gathering all medical records that show your condition before the crash. Include doctor notes, imaging reports, and treatment summaries. Create a baseline of symptoms, treatment dates, and functional limitations. Collect related records from physical therapists, chiropractors, or specialists. This timeline will help you demonstrate how the accident worsened your condition.
Gathering Evidence of Exacerbation
Seek prompt medical attention after the collision. Ask your treating physician to document any change in diagnosis, treatment plan, and prognosis. Obtain progress notes that compare pre- and post-accident status. Use diagnostic tests—such as MRIs or X-rays—to show new damage. Collect statements from family, friends, or co-workers who observed your pain, mobility changes, or daily struggles after the crash.
Filing an Insurance Claim and Lawsuit
Report the accident to your auto insurer as soon as possible, typically within 30 days. Submit all medical bills, treatment records, and a detailed demand letter outlining your losses. If the insurer denies your claim or offers insufficient compensation, consider filing a personal injury lawsuit in New Mexico District Court. Under New Mexico law, most vehicle‐related injury claims must be filed within three years of the accident. See NMSA 1978, Section 41-3-1.
Understanding New Mexico’s Damages Rules
New Mexico follows the “eggshell plaintiff” rule: a defendant is liable for the full extent of your injuries, even if a pre-existing condition makes them more severe. The state also uses comparative negligence, which can reduce your recovery if you share fault. You may still recover damages if your fault is less than the other party’s. For details, see NMSA 1978, Section 41-3A-1.
Helpful Hints
- Keep a daily pain diary to track new or worsened symptoms.
- Photograph visible injuries, medical scans, and accident scenes.
- Obtain at least two medical opinions to strengthen your claim.
- Gather witness contact information and statements.
- Document all out-of-pocket expenses—medications, travel, therapy.
- Consult an experienced personal injury attorney before signing any settlement.