Detailed Answer
This answer explains how New Mexico law treats situations where a person had an existing back condition before an accident and the accident made that condition worse. This is a general explanation to help you understand the legal issues. It is not legal advice.
Core legal principle
Under general tort law principles used in New Mexico courts, a defendant who causes an injury is responsible for the full extent of the injury they cause — even if the plaintiff’s body was already vulnerable. In plain terms, a defendant “takes the plaintiff as they find them.” If an accident materially aggravates a pre-existing back condition, you can generally seek damages for the aggravation and the new symptoms or disability the accident caused.
What you must prove
- Negligence or fault: You must show the other party was at fault under New Mexico’s negligence standards (they owed you a duty, breached it, and that breach caused your harm).
- Aggravation of the condition: You must show the accident worsened your pre-existing back condition. Medical evidence that links the accident to a change in your symptoms, need for treatment, or functional limitation is critical.
- Damages: You must prove the harm (medical bills, lost earnings, pain and suffering, future care needs). The award should reflect the aggravation caused by the accident, not the entire history of the condition unless the accident objectively made things much worse.
How courts and juries evaluate aggravation
Courts allow evidence of pre-existing conditions, but they do not excuse defendants from responsibility for worsening those conditions. Juries will often consider:
- Your baseline condition before the crash (symptoms, limitations, treatments).
- Objective findings after the crash (imaging, new clinical findings, new diagnoses).
- Temporal relationship — whether your symptoms started or markedly worsened after the accident.
- Expert testimony (doctors, vocational experts) that explains how the accident caused or materially aggravated your back problem and what treatment or future limitations are reasonably necessary.
Types of damages you can seek
- Past and future medical expenses directly related to the aggravation.
- Lost wages and loss of earning capacity caused by the accident’s worsening of your condition.
- Pain and suffering, loss of enjoyment of life, and other non‑economic losses attributable to the aggravation.
Common defenses and how they affect recovery
Defendants often argue that your condition was pre-existing and unrelated to the accident or that your injuries were not as serious as claimed. In New Mexico, if the defendant can show that some portion of the harm was due to the pre-existing condition rather than the accident, that portion may reduce recoverable damages. However, the defendant generally cannot avoid liability entirely for harm they caused by aggravation.
Comparative fault and reduction of recovery
New Mexico applies comparative fault principles, so if a plaintiff bears some responsibility for the accident or their own injuries, a court will reduce the recovery by the plaintiff’s percentage of fault. That reduction applies to the total damages the jury attributes to the accident and its aggravation.
Practical evidentiary steps
To present a strong claim that an accident aggravated a pre-existing back condition in New Mexico, you should gather and preserve the following:
- Medical records and imaging from before and after the accident (to show baseline and changes).
- Contemporaneous medical treatment notes and diagnostic testing that correlate symptoms to the accident.
- Detailed testimony from treating physicians and, if needed, independent medical experts who can explain causation and prognosis.
- Records of work limitations, lost time, and financial impact tied to the post‑accident aggravation.
- Photographs, accident reports, and witness statements that help establish the mechanics and severity of the incident.
Settlement and litigation strategy
Insurers evaluate claims based on medical proof and liability exposure. Early, clear documentation that connects the crash to a change in your condition increases settlement value. If liability or causation is disputed, expert opinions become more important. In court, a well-prepared medical narrative and credible experts help a jury assign appropriate damages for the aggravation.
Timing and deadlines
If you think you have a claim, do not delay. Personal injury claims have time limits to file a lawsuit. Missing those deadlines can bar your right to recover. Consult a lawyer promptly to confirm applicable filing deadlines and preserve evidence.
Disclaimer: This information explains general legal principles under New Mexico law and is for educational purposes only. It does not constitute legal advice. For advice about your specific situation, speak with a licensed New Mexico attorney.
Helpful Hints
- Start a medical timeline: list pre‑accident treatments, the accident date, new or worsened symptoms, and post‑accident care.
- Get prompt treatment after the accident and make sure the treating clinicians document the accident’s role in your symptoms.
- Preserve old medical records that show your pre‑accident baseline. Those records help frame how much the accident changed your condition.
- Ask your treating doctor to explain in writing (or in a report) whether the accident likely aggravated your condition and what future treatment you will need.
- Photograph any physical limitations and keep a diary of daily pain, limitations, and medication use — juries weigh this kind of contemporaneous evidence heavily.
- Consult a New Mexico personal injury attorney early if the insurer denies responsibility or questions causation. An attorney can help obtain needed expert reports and negotiate or litigate on your behalf.