Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in New Mexico for advice about your specific situation.
Detailed Answer
After a vehicle accident in New Mexico, maintaining continuity of care strengthens your injury claim by showing consistent treatment and linking your injuries directly to the crash. Courts and insurers often scrutinize gaps in treatment to challenge causation or argue pre-existing conditions.
1. Seek Prompt Medical Evaluation
Visit an emergency room or urgent care within 24–48 hours of the accident. Immediate documentation of injuries creates a clear starting point for your medical timeline.
2. Follow Your Doctor’s Recommendations
Attend all scheduled appointments. If your provider refers you to a specialist—such as an orthopedist or physical therapist—follow through without delay. Skipping or rescheduling multiple visits can weaken the link between the crash and your injuries.
3. Use a Consistent Primary Treating Provider
Whenever possible, keep treatment with the same primary doctor or clinic. Switching providers mid-treatment forces your new doctor to build a record from scratch, giving insurers room to dispute your claim.
4. Document Every Treatment
Retain copies of all medical records, invoices, prescriptions and therapy notes. Organize them chronologically. A clear file makes it easy to prove the progression of care.
5. Report New or Worsening Symptoms Immediately
If you experience new pain, headaches, numbness or other symptoms, inform your provider in writing and schedule an exam right away. Delays can be used by defense counsel to allege unrelated causes.
6. Keep a Personal Injury Journal
Track your pain levels, daily limitations and medication use in a journal. A dated log corroborates your medical records and can highlight changes over time.
7. Understand Key New Mexico Laws
• Statute of Limitations: You generally have three years from the date of the accident to file a personal injury lawsuit in New Mexico. See NMSA 1978, § 37-1-8 for details.
• Comparative Fault: New Mexico applies a pure comparative negligence rule. Even if you bear partial fault, you can recover damages reduced by your percentage of fault. See NMSA 1978, § 41-4-16.
• MedPay Coverage: Many auto policies include medical payments coverage that can pay for your early treatment regardless of fault.
Helpful Hints
- Call your insurer promptly but speak only to report the basics—do not provide a recorded statement until you consult an attorney.
- Keep separate treatment files for each provider, but maintain a central index of dates and diagnoses.
- Get referrals in writing when your doctor recommends imaging or specialist care.
- Retain bills and proof of payment even if your health insurance covers part of the cost.
- Consider using medical payment coverage on any automobile insurance policy you hold to avoid out-of-pocket expenses.