Quick answer: After a New Mexico car accident, I recommend every client keep a written injury journal — documenting doctor appointments, medications, missed work, and lost daily activities. It’s one of the simplest things you can do to strengthen your claim, and in my experience, it consistently helps prove the full impact an accident has had on your life.
I’m James R. Keller, managing partner here at Keller & Keller Injury Lawyers in Uptown, ABQ. My family has represented accident victims for decades, and if there’s one piece of advice I give nearly every client in our first meeting, it’s this: start writing things down, starting today.
Why I Bring This Up With Every Client
New Mexico law allows you to recover two kinds of damages after an accident: economic damages, like medical bills and lost wages, and non-economic damages, like pain and suffering and loss of enjoyment of life. The first kind is easy to prove — you have receipts and pay stubs. The second kind is harder, and it’s exactly where I’ve seen cases won or undervalued based on how well a client documented their recovery.
New Mexico follows what’s called pure comparative fault. In plain terms, that means you can still recover damages even if you were partly at fault for the accident — your compensation is simply reduced by your percentage of fault. That makes credible, detailed documentation especially valuable here, since your share of the damages often comes down to how well you can support your side of the story.
The New Mexico Numbers I Think About
I look at New Mexico’s crash data every year, and it reminds me why this matters. According to the New Mexico Department of Transportation and the University of New Mexico Traffic Research Unit:
| Statistic | Figure |
|---|---|
| Traffic fatalities statewide, 2025 | 454 (up about 2% from 445 in 2024) |
| Alcohol involvement in fatal crashes, 2024 | Approximately 40% |
| Pedestrian fatalities, 2024 | 94 (down from 108 in 2023) |
| Hit-and-run crashes, share of total | About 18% |
Sources: NMDOT and University of New Mexico Traffic Research Unit, 2025 traffic safety reporting.
Behind every one of those numbers is a person whose life changed in an instant. And for the ones who survive serious injuries, the months that follow are where a case is really built — not just at the scene of the crash.
What I Ask My Clients to Track
Doctor appointments and treatment. Every visit, every diagnosis update, every referral. It builds a timeline that matches your medical records and fills in the gaps they leave out.
Medications and side effects. I’ve had clients whose pain medication made it unsafe to drive, or whose muscle relaxers left them unable to care for their kids. That’s a real loss, and it rarely shows up in a chart unless someone writes it down.
Missed work and lost income. Missed days, reduced hours, opportunities you had to turn down. If you’re self-employed, this matters even more, because there’s no pay stub doing the work for you.
What you couldn’t do. This is the one people forget. Couldn’t pick up your daughter. Couldn’t make it to your son’s game. Couldn’t sleep through the night. These are the details that make a claim human instead of just a stack of bills.
Pain, day by day. A simple 1-to-10 scale, noted daily. One bad day is easy to dismiss. Weeks of a documented pattern are not.
How I Use This in a Case
When I sit down with an insurance adjuster, or if a case goes to trial, a client’s journal lets me:
- Back up the severity and duration of their pain and suffering with specifics, not generalities
- Show the real, everyday impact of the injury
- Build a timeline that’s difficult to challenge because it was recorded as it happened
- Push for the full value of non-economic damages instead of settling for less because we couldn’t prove it
- Address fault questions clearly, which matters even more under New Mexico’s pure comparative fault rule
How Long to Keep Writing
I tell clients to keep going until they reach maximum medical improvement — the point where their condition has stabilized — or until the case is resolved, whichever comes later. And I’ll add this: under New Mexico law (NMSA 1978 § 37-1-8), you generally have three years from the date of your accident to file a personal injury claim. Starting your documentation early protects you well before that deadline becomes a concern.
My Advice, Simply Put
Buy a notebook, or use the notes app on your phone. Write a little every day. Be honest, be specific, and don’t stop just because you start feeling better. It’s one of the easiest things you can do for yourself, and it’s made a real difference for clients I’ve represented over the years.
If you or someone you love has been hurt in an accident, my team and I are here to help. We offer free consultations, and you pay nothing unless we win your case.
Questions I Get Asked
Does keeping a journal actually change the outcome of a claim? In my experience, yes. Insurance adjusters look for documented evidence when evaluating pain and suffering. A consistent, dated journal gives them something concrete to work with, rather than a vague description of “it hurt.”
What shouldn’t go in the journal? I tell clients to stick to the facts — what happened, what you felt, what you couldn’t do. Leave out speculation about who was at fault. That’s my job to sort out.
How serious is the crash problem in New Mexico, really? New Mexico recorded 454 traffic fatalities in 2025, up about 2% from 445 the year before, according to NMDOT and University of New Mexico data. That’s hundreds of families affected every year, and many more non-fatal serious injuries on top of that.
What’s the deadline to file a claim in New Mexico? Generally three years from the date of the accident, under NMSA 1978 § 37-1-8. I always tell clients not to wait until that deadline is close to start building their case.
Does being partly at fault mean I can’t recover anything? Not in New Mexico. Under our pure comparative fault rule, you can still recover damages even if you share some responsibility for the accident — your compensation is reduced by your percentage of fault, not eliminated. That’s another reason good documentation matters here.
This article reflects the general views and experience of James R. Keller, managing partner at Keller & Keller Injury Lawyers, and is for informational purposes only. It does not constitute legal advice. If you’ve been injured in a New Mexico car accident, contact our office for a free consultation. Statistics sourced from the New Mexico Department of Transportation and the University of New Mexico Traffic Research Unit, 2025 reporting.
