Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your particular situation.
Detailed Answer
When you pursue a personal injury claim in New Mexico, you can seek reimbursement for travel expenses you incur while attending medical appointments related to your injury. These costs qualify as special damages under New Mexico law, provided you document them properly and prove they were reasonable and necessary.
1. Understand Recoverable Travel Expenses
New Mexico law allows an injured person to recover both general damages (pain and suffering) and special damages (out-of-pocket costs). Special damages include medical bills, lost wages and travel costs incurred for treatment. See NMSA 1978, § 41-4-3.
2. Track Mileage and Transportation Costs
Keep a contemporaneous log of your trips. Record the date, purpose of the visit, starting point and destination, and total miles driven. If you use public transit, rideshare or taxis, save tickets, fare receipts and confirmation emails. If you rent a vehicle, include the rental agreement and fuel receipts.
3. Gather Supporting Documentation
Collect all receipts and proofs of payment. This includes:
- Fuel and mileage logs
- Parking and toll receipts
- Taxi, rideshare or shuttle receipts
- Lodging invoices (if treatment requires overnight stay)
4. Calculate Your Claim Amount
For mileage, many courts accept the IRS standard mileage rate (for example, 58.5¢ per mile for 2022). Multiply total miles by the rate. Add tolls, parking fees, transit fares and lodging to arrive at your total travel expenses.
5. Include Travel Expenses in Your Pleadings
In your complaint, list travel costs under the “Prayer for Relief” section as special damages. Be specific: “Plaintiff seeks $X for mileage at 58.5¢ per mile and $Y for parking and tolls.” Clear pleadings help opposing counsel and the court understand the basis of your claim.
6. Disclose Expenses During Discovery
Under New Mexico Rules of Civil Procedure, you must disclose your special damages early in the litigation. Serve your mileage log and copies of receipts as part of your initial disclosures. This avoids objections and last-minute disputes.
7. Prepare to Prove Your Expenses at Trial or Settlement
Organize your records chronologically. Create a summary spreadsheet that matches your mileage log to receipt dates. Be ready to testify or submit an affidavit explaining why each trip was necessary for medical treatment.
Helpful Hints
- Use a dedicated app or spreadsheet to log trips immediately after each appointment.
- Photograph paper receipts and store digital backups in one folder.
- Retain all communications confirming medical appointments to link travel to treatment.
- Check the IRS website for annual mileage rate updates: irs.gov.
- Review New Mexico’s Uniform Jury Instruction on special damages for guidance on how juries view travel costs.