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