Detailed Answer: Resuming medical care after a gap and pursuing injury compensation under New Mexico law
Short answer: Yes — you can generally resume medical care after a gap in treatment and still seek compensation for your injuries in New Mexico. However, a gap in treatment can make your claim harder to prove. The defense will likely argue the gap means your injury wasn’t serious, that you failed to mitigate damages, or that later medical care is unrelated. To preserve your claim you must document the gap, show why additional care was reasonable and necessary, and connect the care to the original injury.
Key legal rules that matter in New Mexico
- Statute of limitations: Most personal injury claims in New Mexico must be filed within three years from the date the injury occurred (see the New Mexico statutes for limitations on personal actions). You should file before the deadline; resuming treatment does not extend this fixed filing period. For the statute of limitations, see the New Mexico Legislature’s statutes listing (search NMSA 1978, Section 37-1-8) at https://www.nmlegis.gov/Legislation/Statutes.
- Duty to mitigate damages: New Mexico law requires an injured person to take reasonable steps to limit or mitigate damages. If you unreasonably delay or stop treatment, the defendant may claim you failed to mitigate and seek a reduced award for medical damages.
- Proof of causation and reasonableness: To recover medical expenses you must prove (a) the treatment was caused by the defendant’s negligence, (b) the treatment was reasonably necessary, and (c) the cost was reasonable. Medical records and expert testimony normally support these elements.
How courts and insurers view gaps in treatment
Insurers and juries often view treatment gaps skeptically. Common defense arguments include:
- You weren’t really injured seriously if you stopped care.
- The symptoms were resolved and later complaints are new or unrelated.
- You failed to follow medical advice or failed to pursue recommended care.
That said, courts will consider legitimate reasons for a gap. Valid explanations include lack of insurance, financial hardship, transportation problems, caring for family members, following a doctor’s advice (e.g., attempting conservative treatment first), or delays in referrals. If you can document these reasons, a judge or jury is more likely to accept resumed treatment as compensable.
Practical steps to protect your claim after a treatment gap
- Get complete medical records: Obtain records from all prior and current providers. Records show history, diagnoses, treatment plans, and why care stopped or started again.
- Document why you paused treatment: Make a written timeline that explains the gap: dates, reasons (insurance denial, cost, travel, family obligations, doctor’s instruction), and any communication with providers or insurers about resuming care.
- Have your treating doctors explain causation and necessity: Ask your current treating physician to write a letter or provide testimony that (a) links the ongoing treatment to the original injury, (b) explains why treatment resumed, and (c) states the treatment is reasonable and necessary.
- Preserve evidence of costs: Keep bills, receipts, insurance explanations of benefits (EOBs), and any unpaid medical bills. These documents show the amount you actually paid or owe.
- Consider an independent medical examination (IME): In litigation, the defense may request an IM. Be prepared and consult your attorney about selecting appropriate experts.
- File suit before the statute of limitations runs: Even if you plan to continue treatment, you still must file within New Mexico’s time limits unless another exception applies. See New Mexico statutes on limitation periods at https://www.nmlegis.gov/Legislation/Statutes.
How damages may be affected
If you successfully show that resumed care is related and reasonable, you can recover:
- Past medical expenses already paid.
- Outstanding medical bills you still owe.
- Future medical expenses reasonably necessary because of the injury (often supported by an expert prognosis).
If the defense convinces the trier of fact that the gap was unreasonable or that later care is unrelated, a judge or jury may reduce or deny recovery for some medical costs. The court will weigh the totality of evidence: medical records, doctor’s opinions, your explanations, and the timing of symptoms and treatment.
Common evidence that helps your case
- Detailed medical records showing continuity of symptoms and care.
- Doctor statements tying resumed treatment to the original injury.
- Receipts and EOBs proving costs.
- Documentation explaining the gap (emails, financial records, transportation records).
- Photographs, symptom logs, or witness statements about your condition during the gap.
When to talk to an attorney
Consult an attorney promptly if you plan to seek compensation. An attorney can:
- Advise you about the statute of limitations and whether you must file now.
- Help collect and preserve medical records and evidence explaining the gap.
- Arrange expert opinions to connect resumed treatment to the initial injury and to estimate future care costs.
- Negotiate with insurers who may use the gap to reduce offers.
Even if you are not ready to sue, meeting with a lawyer early helps protect your rights and evidence.
Important statutory note: New Mexico’s deadlines and procedural rules affect these claims. For the general personal injury statute of limitations, see New Mexico statutes (search NMSA 1978, Section 37-1-8) at https://www.nmlegis.gov/Legislation/Statutes. If your claim involves a government entity, medical malpractice, or a different legal category, other filing windows and notice rules may apply. Confirm the correct statute and deadlines for your situation.
Disclaimer: This article provides general information about New Mexico law and common practice. It is not legal advice. For advice about your specific situation, consult a licensed New Mexico attorney.
Helpful Hints
- Do not ignore the statute of limitations — file or ask an attorney about tolling before it expires.
- Keep a clear timeline explaining the gap: dates, reasons, and communications.
- Ask treating doctors for brief written statements tying resumed care to the original incident.
- Collect every medical bill, receipt, and EOB — small documents can matter.
- If finances forced the gap, document that (denied insurance, unemployment, etc.).
- Be prepared for defense IMEs and have your own treating physician explain any differences in care.
- If a government entity is involved, check for special notice requirements and shorter deadlines.