Sustaining an injury due to the negligence of another party can be a physically and emotionally challenging experience. A personal injury lawsuit is likely the last thing on anyone’s mind during the healing process, but it is essential to collect crucial evidence that can be used in court. Medical records are a vital piece of evidence that can make or break a personal injury case in New Mexico. This article explores the importance of medical records in a personal injury lawsuit and how they can affect a plaintiff’s chances of success.
Table of Contents
Legal Requirements in New Mexico
New Mexico has specific laws regarding personal injury lawsuits, and adhering to these laws is crucial for a successful outcome. In New Mexico, plaintiffs must file their claims within three years of their injury or risk losing their right to compensation. The state also requires proof of negligence and damages that resulted from the incident.
Medical records can help establish the extent of the plaintiff’s injuries, provide evidence that negligence occurred, and establish the nature and extent of the damage sustained by the plaintiff.
Establish the Extent of Injuries and Treatment
Medical records contain a detailed account of the plaintiff’s medical history, including the injuries they sustained. They document the diagnosis, treatment plan, medication prescribed, and other critical information needed to evaluate the plaintiff’s condition. This comprehensive documentation can help establish the following:
- Extent of Injuries: Medical records establish a record of the injuries sustained by the plaintiff and the treatment received. This information can be used to help calculate the amount of compensation the plaintiff should receive.
- Causation: Medical records can help establish the cause of the plaintiff’s injuries by providing details of how the accident occurred and the subsequent medical treatment. Plaintiffs must prove that negligence caused the accident that led to their injuries.
- Treatment: Medical records provide evidence of the treatment plan recommended by healthcare professionals, including medication prescribed, tests ordered, and surgeries performed. This information can be used to determine the plaintiff’s current and future medical expenses.
Provide Evidence of Negligence
Medical records can be critical in establishing the defendant’s negligence in a personal injury lawsuit. They provide evidence of the plaintiff’s physical and emotional distress and provide a clear picture of the effects of the accident on the plaintiff’s life. This evidence can be used to argue that the defendant failed to uphold their duty of care toward the plaintiff.
For example, suppose a plaintiff sustains serious injuries due to a vehicle accident in New Mexico. Medical records document the injuries sustained by the plaintiff, including broken bones, internal injuries, and other physical damage. These records can establish that the defendant was responsible for causing the accident and, therefore, the plaintiff’s injuries.
Establish the Nature and Extent of Damages
Medical records can also establish the nature and extent of the damages sustained by the plaintiff. These records are evaluated to determine the plaintiff’s medical expenses and lost wages. The extent and severity of the injuries can be proven using medical records, including evidence of the plaintiff’s physical and emotional pain, which can be used to enhance the compensatory award.
Conclusion
Medical records are an essential part of a personal injury lawsuit in New Mexico. They provide evidence of the plaintiff’s injuries, the treatments received, and the nature and extent of damages. They can establish causation, negligence, and provide critical details needed to calculate the compensation the plaintiff should receive.
To ensure the best chance of success in a personal injury lawsuit, plaintiffs should immediately seek medical attention and secure copies of their medical records for use in court. It is also important to engage a skilled and experienced personal injury lawyer to ensure that all legal requirements are met and to present a compelling case in court.