How a Personal Injury Case Plays Out in Court and Negotiations

How a Personal Injury Case Unfolds in New Mexico

Personal injury claims in New Mexico progress through distinct stages, from gathering medical evidence to negotiation and, if needed, trial. Each phase influences the likelihood of a settlement or courtroom result.

Settlement vs. Courtroom Proceedings

Settlement discussions and court trials differ significantly. Settlements often involve negotiation tactics like timing and leverage, while court proceedings follow formal, methodical processes.

"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 Steps in a Personal Injury Case

The case begins with two key steps: a detailed legal review and a thorough medical evaluation. From the start, attorneys assess liability, insurance coverage, and possible damages.

Assessing Damages and Medical Improvement

Lawyers usually wait until the injured party reaches maximum medical improvement to fully evaluate damages, including future medical costs and lost wages.

Filing the Complaint

The formal court process starts when the attorney files a complaint, initiating legal action in the court system.

Author's summary: Navigating a New Mexico personal injury case requires careful legal and medical assessment, with each phase—from documentation to trial—shaping the resolution.

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Lawyer Monthly Lawyer Monthly — 2025-11-10

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