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 settlement talks and trial—and what influences settlement agreements or courtroom decisions.
Differences Between Courtroom Battles and Settlements
Courtroom disputes and settlement negotiations function in distinct ways. Court cases are formal and methodical, while negotiations revolve around 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 Steps in a Personal Injury Case
Your case begins with two critical components: a detailed legal review and an extensive medical evaluation. From the start, attorneys assess liability, insurance coverage, and possible damages.
- Medical records are the foundation of your claim.
- Emergency room reports, lab tests, follow-ups, and physical therapy records link injuries to the accident.
- Clear medical timelines are essential; without them, insurance adjusters often challenge claims.
Determining Damages
Attorneys usually wait until you reach maximum medical improvement to fully assess damages, which include future medical expenses and lost income.
Starting the Court Procedure
The legal process formally begins when your lawyer prepares and files a complaint with the court.
"How each phase is handled can totally alter the outcome," emphasizing the importance of strategic case management.
Summary: Navigating a New Mexico personal injury case requires careful legal and medical preparation, with each phase—negotiation or trial—significantly influencing the final result.