How a Personal Injury Case Plays Out in Court and Negotiations

Learn how personal injury claims in New Mexico progress—from gathering medical evidence to navigating negotiations and trials—and what factors influence settlements or courtroom decisions. Court proceedings and settlement discussions differ greatly: one is structured and methodical, while the other relies on timing, pressure, and leverage.

"Many New Mexico personal injury claims settle. Nevertheless, some do go to trial. How each phase is handled can totally alter the outcome," says John Duran, a veteran attorney with the New Mexico Accident Firm.

Initial Stages of a New Mexico Personal Injury Claim

Your case starts with two vital steps: a detailed legal review and a comprehensive medical assessment. Attorneys analyze liability, insurance coverage, and potential damages right from the start. Medical documentation forms the foundation of your claim, including emergency room reports, lab tests, follow-ups, and physical therapy records—all crucial for linking injuries to the incident.

Importance of Medical Records

Without precise medical timelines, insurance adjusters tend to dispute claims. Legal professionals typically await your maximum medical improvement to fully evaluate damages, encompassing future medical care and lost wages.

Beginning the Court Process

The formal litigation phase commences when your attorney files a complaint with the court, initiating the legal proceedings.

Summary

Understanding the distinct dynamics of litigation and settlement phases is key to navigating a New Mexico personal injury case effectively.

Author's Note

A well-prepared personal injury case relies heavily on solid medical evidence and strategic legal actions at every step to achieve the best possible outcome.

Lawyer Monthly — 2025-11-10