In most cases, a great deal happens, but a trial usually is not part of it. The large majority of personal injury claims settle long before a jury is ever seated. Before that point, your attorney sends a demand, files a lawsuit if needed, and works through discovery and negotiation. Each stage shapes the value of your case. If you were injured in New Mexico, a Santa Fe personal injury attorney can manage the entire pretrial process and prepare your case as if it will go to trial, which is exactly what creates the leverage to settle for full value.
How Many Personal Injury Cases Actually Go to Trial?
Very few. The large majority of personal injury claims in New Mexico, and across the country, settle before they ever reach a courtroom. Both sides usually prefer the certainty of a negotiated agreement over the cost, delay, and risk of a jury verdict.
That said, a case only settles for a fair amount when the other side believes you are willing and ready to take your case to court. At Hunt Law Firm, we prepare every case as if it will go before a jury. That readiness is often what convinces an insurer to put a serious number on the table.
What Are the Steps Before a Personal Injury Case Goes to Trial?
A personal injury claim moves through several stages before any trial date. Every case is different, but the path usually looks like this:
- Investigation and treatment: Your attorney gathers evidence while you focus on medical care and reaching maximum recovery.
- Demand and negotiation: Your attorney sends the insurer a demand letter that lays out your injuries, your losses, and the compensation you are seeking.
- Filing the lawsuit: If the insurer will not offer a fair amount, your attorney files a complaint in the appropriate New Mexico district court.
- Discovery: Both sides exchange evidence and answer questions under oath.
- Mediation: A neutral third party helps the parties try to reach a settlement before trial.
Most claims resolve somewhere along this path. Only the cases that cannot settle continue to a trial date.
What Happens During Discovery?
Discovery is the pretrial phase where both sides exchange information and evidence about the case. It is often the longest part of the process, and it can shape the value of your claim more than any other stage.
Common discovery tools include:
- Interrogatories: Written questions each side must answer under oath
- Depositions: Sworn, in-person testimony recorded by a court reporter
- Requests for documents: Medical records, bills, repair estimates, and similar evidence
- Expert opinions: Input from doctors, accident reconstruction specialists, or economists
You may be asked to answer written questions or sit for a deposition. Your attorney will prepare you for both. What you say during discovery can affect your case, so experienced representation matters at this stage.
Why Would My Case Go to Trial Instead of Settling?
A case heads toward trial when the two sides cannot agree. The most common reasons include:
- Disputed fault: The insurer argues its policyholder was not responsible, or that you share the blame.
- Disagreement over value: Both sides agree on fault but not on what your injuries are worth.
- Lowball offers: The insurer refuses to raise an unreasonably low offer.
- Catastrophic injuries: High-value claims involving permanent harm are more likely to be contested.
When negotiation stalls, taking the case before a jury may be the only way to recover what you are owed. This is where a firm with real courtroom experience makes a difference.
How Long Do You Have to File a Personal Injury Lawsuit in New Mexico?
In most New Mexico personal injury cases, you have three years from the date of the injury to file a lawsuit. Miss that deadline, and the court can dismiss your case no matter how strong it is.
Some situations change this deadline. Claims against a government entity fall under New Mexico’s Tort Claims Act, which generally requires written notice within 90 days of the injury (six months in a wrongful death case) and a lawsuit within two years. Other situations can extend the deadline instead, for example, injuries to a minor or an incapacitated person, or harm that wasn’t discovered right away.
These timelines are strict and the exceptions are easy to miss. It is wise to speak with an attorney as soon as possible after an injury, while evidence is fresh and witnesses remember what happened.
What Should You Do While Your Case Is Pending?
As your case moves through the pretrial process, your day-to-day decisions can directly affect the strength and value of your claim. A few habits protect its value:
- Keep treating: Follow your doctor’s plan and keep every appointment. Gaps in care give the insurer a reason to question your injuries.
- Stay off social media: A single photo can be taken out of context to suggest you are not really hurt.
- Let your attorney handle the insurer: Avoid giving recorded statements or accepting early offers without legal advice.
Consistent records and careful communication often decide whether a claim, including a common car accident case, ends in a fair settlement or a discounted one. Taking these steps helps preserve credible evidence and reduces opportunities for insurers to undermine your claim.
Talk to a Santa Fe Personal Injury Attorney Before You Settle
The steps before trial are where your case is won or lost, and the insurance company is working to pay you as little as possible. You do not have to face that process alone. Hunt Law Firm has recovered millions for injured New Mexicans and prepares every case for trial, even when it settles. Contact Hunt Law Firm today for a free consultation. You pay no attorneys’ fee unless we win compensation for you.