Accident victims often face significant financial distress due to mounting medical bills and time off work. Personal injury claims can provide substantial relief from that distress, but settlements don’t happen overnight. With financial pressure mounting and an uncertain future looming, most people in these situations have one big question: how long will this take?
While every case moves at its own pace, personal injury claims in New Mexico usually follow a predictable timeline.
- The Incident and Immediate Medical Care
Your settlement timeline begins the moment the accident happens. There are several things you can do in the ensuing hours and days to help your case move along as efficiently as possible. Be sure to:
- Seek medical treatment as soon as possible
- Report the incident to the appropriate parties
- Document the accident scene
- Keep medical and financial records organized
- Follow all doctor recommendations
Receiving the proper medical care, reporting the incident, and gathering substantial evidence prevent insurers from disputing your claim and delaying its resolution.
- Consulting an Attorney
You should contact an experienced personal injury attorney right away. Seeking immediate legal counsel not only officially initiates the legal process, but it also helps you avoid critical errors that could extend your case’s timeline or significantly harm your claim. At a free, no-obligation consultation, your attorney can inform you of your legal options. If you decide to retain them, they will:
- Investigate the accident
- Identify all liable parties
- Preserve and obtain evidence
- Gather medical and financial records
This process can take a few weeks to a few months, depending on the nature of the accident. For example, it can take longer to assess the full value of a claim involving severe, lasting injuries and longer recovery times.
- Demand Letter and Pre-Lawsuit Negotiations
The next phase involves your attorney sending a demand letter to the insurance company outlining:
- Liability evidence
- Medical expenses
- Lost wages
- Pain and suffering damages
The demand letter essentially provides proof that the negligent party caused you harm, puts a dollar amount on that harm, and formally requests that the insurer pay that dollar amount. The insurer is expected to respond to the demand letter within about 30-45 days.
When the insurer responds, they often request additional documentation or dispute the claim. These kinds of stalling tactics are common and can prolong the settlement process, sometimes by a few months after the demand letter is received.
- Filing a Lawsuit (If Necessary)
If insurers refuse to offer a fair settlement, your attorney can file a lawsuit and take your claim to court. Filing does not mean the case will go to trial, as insurers sometimes agree to settle during the pre-trial process. That process includes:
- Formal discovery, or the exchange of evidence by both sides
- Experts reviewing records and providing opinions
- Attorneys questioning parties, witnesses, and experts under oath
- Judges setting dates for hearings and the trial
Court calendars in New Mexico can create delays that neither side controls. Staffing shortages and crowded dockets affect case scheduling frequently. For these reasons, litigation extends the case’s timeline significantly. Expect a six to 18-month wait after filing the lawsuit.
- Trial to Final Verdict
Most personal injury cases settle before trial, as trial preparation often pushes insurers to reconsider risk and exposure. However, some cases make it into the courtroom, and when they do, resolving your case can take significantly longer, particularly when appeals are involved. You can expect a final verdict several weeks to several months after trial preparation begins.
- Settlement Payment
Whether you settle out of court or receive your compensation through a judge’s verdict, payment comes relatively quickly after the case is complete. Your lawyer will resolve medical liens and deduct their agreed-upon legal fees, then distribute the remaining funds to you within about two to six weeks.
Contact a New Mexico Personal Injury Attorney Today
A skilled attorney who works on your personal injury claim can help the process move as quickly and smoothly as possible. The team at Hunt Law Group stands ready to fight for your rightful compensation and prevent unnecessary delays. Contact us today for your free consultation.