Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your situation.
Detailed Answer
Under New Mexico law, delaying medical treatment can reduce the value of a personal injury claim. Courts and insurers may argue that your injuries were less serious than claimed or that you failed to mitigate damages. Key legal concepts include causation, mitigation of damages and comparative negligence.
Causation and Credibility
If you wait weeks or months before seeing a doctor, a defendant can challenge whether the accident actually caused your injuries. They may claim that another event or a pre-existing condition accounts for worsening symptoms. This creates a credibility issue, and jurors may discount your testimony or medical records when assessing damages.
Mitigation of Damages
Under general tort principles, every claimant has a duty to mitigate—or minimize—damages after an injury. If you unreasonably delay treatment, a court may reduce recovery by the additional harm a prompt visit would have prevented. For example, failing to immobilize a strained spine could allow further injury.
Comparative Negligence
New Mexico abolished contributory negligence and adopted pure comparative negligence under NMSA 1978, §41-3-1. A defendant can argue your delay in treatment constitutes negligence that contributed to your injuries. If a jury finds you 10% at fault for failing to seek prompt care, your total award drops by 10% (NMSA 1978, §41-3-1).
Statute of Limitations
New Mexico generally requires you to file a personal injury lawsuit within two years of the accident date. This period is set by NMSA 1978, §37-1-8. While this deadline is separate from prompt medical treatment, delaying care may also risk missing these legal deadlines if you misunderstand your injury’s seriousness (NMSA 1978, §37-1-8).
Helpful Hints
- Seek medical care immediately after an accident—even for seemingly minor injuries.
- Keep detailed records: date of visit, provider notes, diagnostic tests and treatment plans.
- Follow your doctor’s orders to avoid arguments about failing to mitigate damages.
- Document all out-of-pocket expenses (medications, therapy, travel).
- Consult a personal injury attorney early to understand deadlines and evidence needs.
- Preserve evidence: photos of injuries, accident scene and any visible changes over time.