FastCounsel

Detailed Answer

This section explains, in practical terms, how someone injured in an accident in New Mexico can recover medical and therapy expenses. It covers what damages are recoverable, what proof you need, how ongoing (future) treatment is valued, insurance and lien issues, and timing deadlines.

What kinds of medical and therapy expenses can be recovered?

You can generally recover reasonable and necessary medical costs that are causally related to the accident. Recoverable items commonly include:

• Past medical bills (emergency care, hospital stays, surgeries)
• Past and ongoing physical therapy, occupational therapy, and psychotherapy/counseling tied to the injury
• Prescription medications and medical devices (braces, crutches, wheelchairs)
• Future medical care and rehabilitation that a doctor reasonably expects you will need because of the accident
• Related expenses such as home modifications or assistive services, when required by the injury

How do you prove those expenses?

To get paid for medical and therapy costs you must prove three things: (1) the treatment happened, (2) it was caused by the accident, and (3) it was reasonable and necessary.

Practical proof includes:

• Medical records and itemized bills (including dates, provider names, and codes)
• Receipts for out-of-pocket costs (copays, medications, devices)
• Physician statements or deposition testimony linking your injuries to the accident
• Expert testimony (for long-term or disputed future-care needs and cost estimates)
• Therapist notes and treatment plans explaining the need for ongoing therapy

Can you recover future medical and therapy expenses for ongoing injuries?

Yes. New Mexico law allows recovery of future medical expenses when a reasonable medical opinion establishes that additional care is likely required and a reasonable estimate of cost is provided. Courts and insurers expect credible medical testimony (often from your treating physician and sometimes an independent expert) that explains the prognosis and quantifies expected costs.

How do lawyers and courts value future care?

Valuation typically depends on:

• Medical testimony setting out the treatment plan and frequency
• Cost estimates from providers or standard rate schedules
• Discounting or present-value calculations for long-term care (to reflect the lump-sum value today of future payments)

Will insurance and other payers reduce what you actually receive?

Often, yes. Two common issues affect what you ultimately receive:

• Health-insurer subrogation or reimbursement: If an insurer paid for your care, it may have a contractual or statutory right to recover some or all of what it paid from your settlement or judgment. The exact rights depend on the insurer contract and federal/state law (for Medicare/Medicaid).
• Medicare/Medicaid liens: Federal programs have mandatory recovery rules and statutory liens that can require repayment from your award. These liens must be handled carefully to avoid penalties.

Because lien and subrogation rules are often complex, many injured people work with an attorney to negotiate lien reductions or to ensure proper handling in a settlement.

Does my own fault affect recovery for medical expenses?

Yes. New Mexico applies comparative-fault principles that reduce your recovery by your percentage of responsibility. That means if you were partly at fault for the accident, the total award for medical and other damages will be reduced proportionally by your fault percentage.

How long do you have to bring a claim?

You must act promptly. In New Mexico the general time limit (statute of limitations) for personal injury claims is limited by state law. Waiting too long can bar your right to recover. For the specific statute and any exceptions that might apply to your situation, see the New Mexico statutes and consider talking with an attorney right away. See New Mexico statutes: https://www.nmlegis.gov/ for statute search and details.

Settlement vs. lawsuit — what to expect

Most injury claims settle before trial. Early settlement is common with clear bills and strong causation. However, when future medical needs are substantial or disputed, negotiations may stall and you may need to file a lawsuit so a court or jury can determine appropriate future damages.

Practical steps to protect your ability to recover medical and therapy expenses

1. Seek prompt medical care and follow treatment recommendations — gaps in treatment make causation harder to prove.
2. Keep complete records: all bills, receipts, medical records, therapy notes, and communications with insurers.
3. Ask treating providers for written statements about prognosis and expected future care.
4. Notify insurers quickly and preserve evidence (photos, witness names, police reports).
5. Talk to an attorney experienced in New Mexico injury claims before settling—especially if you have ongoing or long-term treatment needs.

Statute references and resources: For statute language and specific deadlines, search New Mexico statutes at the New Mexico Legislature website: https://www.nmlegis.gov/ (use the Statutes/Rules search to find sections on actions, personal injury limitations, and comparative fault).

Important: This explanation provides general information only. It describes common practices in New Mexico and what evidence typically supports a claim, but every case is different. An attorney can review your medical records, insurance issues, and legal deadlines.

Disclaimer: This is educational information and not legal advice. Consult a licensed New Mexico attorney for guidance about your specific situation.

Helpful Hints

• Get medical documentation early and often — treaters’ notes are among the strongest proof of causal link and need for therapy.
• Ask your doctor for a written treatment plan and cost estimate if you expect ongoing care.
• Keep a treatment journal: note pain levels, limits on daily activities, missed work, and therapy progress.
• Save every receipt related to the injury — small expenses add up and support damage calculations.
• If a health insurer paid bills, contact them early to learn about any reimbursement rights and obtain a payoff demand or lien statement.
• Don’t sign a full release (settlement) until you are certain about future care needs — releases often bar future claims for ongoing treatment.
• If Medicare or Medicaid is involved, advise your attorney immediately — federal rules create mandatory filing and repayment obligations.
• Talk to an attorney before negotiating reductions of a medical provider’s bill or lien — lawyers often negotiate reductions that increase your net recovery.
• Check deadlines: statutes of limitations and notice requirements can be strict. If a deadline may apply, consult a lawyer right away.