Settle or Go to Trial? Get Clear Answers Before You Decide

The Short Answer: Settlement, Trial, or Both

Many catastrophic injury claims in New Mexico end in a settlement, and some go to a lawsuit and trial. A case can settle at any stage, even close to a trial date. The path depends on who is at fault, how serious the losses are, what insurance is available, and what evidence exists. A New Mexico catastrophic injury law firm can walk you through each step, but no one can promise how your case will end. This page explains negotiations, lawsuits, the factors that shape each path, and the costs to understand before you sign anything.

How Settlement Negotiations Usually Unfold

Most settlement talks start with a demand to the at-fault party’s insurance company. The demand includes medical records, bills, and proof of how the injury happened. The insurer reviews the file, may ask for more records, and then makes an offer. Offers often move back and forth over several rounds.

When the gap stays wide, the parties often try mediation. A neutral mediator meets with both sides and helps them work through the numbers. Mediation is a common step, but it doesn’t always close the gap.

Settlement talks have a special protection. New Mexico’s evidence rule generally keeps offers and compromise talks out of court when they are used to prove or disprove a claim’s value (Rule 11-408 NMRA). That lets both sides talk openly.

Once you accept an offer and sign a release, the claim is usually over. That’s why you should understand the full extent of your injuries before you agree to anything.

Why Catastrophic Injury Claims Often Take Longer

A claim usually can’t be valued until the injured person reaches maximum medical improvement. That is the point where the medical condition is stable enough to judge lasting effects. For spinal cord injuries, amputations, and severe burns, that point can come well after the first surgery.

Future needs add time. A life care plan may list future medical care, home changes, equipment, and therapy. Medical and vocational professionals often help prepare it. If earning ability has changed, an economist may estimate future income loss. Insurers often ask for an independent medical examination, which adds another step.

Each piece can stretch the timeline. No timeline can be promised for any individual case. How long yours takes turns on your medical course and the records that come in.

What Happens When a Case Goes to Trial

A lawsuit must be filed before the deadline runs out. Under NMSA § 37-1-8, actions against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity must be brought within two years after the liability of the principal or the person for whom they are sureties is finally established or determined by a judgment or decree of the court; for an injury to the person or reputation of any person, the deadline is three years. Under NMSA § 41-2-2, a wrongful death action must be brought within three years after the cause of action accrues, and the cause of action accrues as of the date of death (NMSA 1978, § 41-2-2 — three years from the date of death). Missing a deadline can end a claim, so timing matters early.

After filing, discovery begins. Both sides exchange documents, answer written questions, and take depositions from parties and witnesses. Experts are identified and their opinions are exchanged. Pretrial motions can narrow the issues the jury will decide. Many cases still settle at this stage.

If a case reaches trial, a jury decides fault and damages in a courtroom. When fault is shared, the jury follows a set process. When comparative negligence is an issue, the case goes to the jury on a general verdict without special interrogatories, and apportionment of negligence among defendants or non-parties is at issue, the jury totals the damages, assigns a percentage of fault to each person, and applies those percentages (UJI 13-2219 NMRA). Trial is a serious step with its own timeline and risks. A verdict can come out higher or lower than an offer, so the choice needs careful thought.

Factors That Shape Whether a Case Settles or Goes to Trial

Disputed fault is often the biggest factor. When each side tells a different story about a crash or incident, agreement is harder to reach. New Mexico applies comparative negligence, a rule the commentary to UJI 13-2219 NMRA notes the state adopted in Scott v. Rizzo.

Several liability matters too. Under NMSA § 41-3A-1, where several liability applies, a defendant who establishes that another person’s fault is a proximate cause of the plaintiff’s injury is liable only for the portion of the total damages equal to the ratio of that defendant’s fault to the total fault attributed to all persons. The statute lists exceptions, so the answer can differ from case to case.

The number of defendants, insurance limits, and whether a commercial carrier is involved all shape talks. Trucking claims can involve the trucking company, its insurer, and sometimes a broker that selected the carrier.

In negligent security and premises liability cases, a central question is often what the property owner knew or should have known. Discovery is where that evidence usually comes out. Medical documentation also shapes value. Detailed records of treatment and prognosis make an injury easier to value, while gaps give an insurer room to argue.

Damages in Catastrophic Injury and Wrongful Death Claims

Damages in a catastrophic injury claim often include medical bills, lost income, reduced earning capacity, pain and suffering, and loss of enjoyment of life. Some injuries need care for many years, so the total can be large. Every case is different, and results in other cases do not predict the outcome of yours.

Wrongful death claims follow a separate path. The claim is brought by the personal representative of the deceased person (NMSA 1978 § 41-2-3). The jury may consider the pecuniary injury the death caused to the surviving party entitled to the judgment. The proceeds of a wrongful death judgment are not liable for the deceased person’s debts, provided the decedent has left a spouse, child, father, mother, brother, sister, or child or children of the deceased child. They are distributed under the statute’s rules to beneficiaries such as a surviving spouse, children, or parents.

Close family members may have their own claims.

Case Costs, Contingency Fees, and What You May Owe

Personal injury cases are often handled on a contingency fee. The fee is a percentage of any recovery. New Mexico requires a contingent fee agreement to be in writing and signed by the client (Rule 16-105 NMRA). If there is no recovery, you may still owe court costs and the expenses of litigation, as the firm’s written contingency agreement states.

Before substantial work begins, you should receive a written statement of the fee, the costs, and how each would be paid. Read the agreement closely. Ask about any cost you don’t understand before you sign.

Talk With Our Team About Your Catastrophic Injury Claim

If an insurer’s offer is on the table after a spinal cord injury, an amputation, a serious burn, or the death of a family member, you don’t have to decide alone. A New Mexico catastrophic injury law firm can review that offer against your medical picture and the deadlines that apply.

Frequently Asked Questions

Can I still recover if I was partly at fault?