A Spinal Cord Injury Changes Everything. We Prepare Your Claim for Settlement or Trial.

If a spinal cord injury changed your life after a crash, you may be asking whether the claim will settle or end in court. A settlement is a deal you choose to accept. A trial is a decision a judge or jury makes.

The facts, the insurance behind the claim, and the other side’s response all shape which path fits.

What a Spinal Cord Injury Claim Is and Who It Is For

A spinal cord injury claim seeks compensation for harm to the spinal cord caused by someone else’s negligence. Negligence means a failure to use reasonable care.

Common causes include car crashes, trucking crashes, falls on unsafe property, and attacks linked to poor security. New Mexico courts generally require a duty owed to you, a breach of that duty, and a breach that is a proximate cause of your harm (Herrera v. Quality Pontiac).

Every case is different, and the losses involved depend on the facts of each one. The injured person usually brings the claim, though family members may have their own claims in some cases.

The UNM Traffic Research Unit prepares annual New Mexico traffic crash reports for NMDOT. For broader background, see our spinal cord injury overview.

Spinal Cord Injury Types and What Makes a Claim Complex

Spinal cord injury claims are often complex because the full picture can take months to form. Early medical findings may change as the doctors learn more.

Medical records describe where the injury is and how severe it is. Keep every record, bill, and test result, because they carry real weight in the claim.

Some symptoms show up days or weeks after a crash. That gap can make it harder to tie the injury to the crash, so prompt treatment and complete notes matter.

Long-term needs add to the complexity. These can include future medical care, equipment, home changes, and limits on work. Vocational and life-care reviews help document those costs.

Under the Tort Claims Act notice rule, written notice must be presented within ninety days after the occurrence, subject to exceptions. Suits against a government entity must be commenced within two years. The Act also limits damages, and the statute sets the amounts of those caps (NMSA 41-4-19).

How Spinal Cord Injury Claims Resolve: Settlement vs. Trial

A claim usually ends in one of two ways: a negotiated settlement or a trial.

Settlement. A settlement is an agreement reached through negotiation. You can accept an offer or reject it. Settlement offers generally cannot be used at trial to prove or disprove the claim’s validity or amount (NMRA Rule 11-408).

Trial. A trial puts the case before a judge or jury. The verdict can land above or below any offer on the table. New Mexico uses comparative negligence, or shared fault (Scott v. Rizzo). Under the UJI 13-2218 comparative negligence instruction, the jury totals the damages, splits fault between plaintiff and defendant, and reduces the award by the injured person’s share. A share of fault lowers the award, but it does not end the claim.

Your decision. A lawyer’s job is to present each offer and the facts behind it. You decide whether to accept.

What Influences Whether a Claim Settles or Goes to Trial

Several factors usually shape the choice between settlement and trial.

• Liability. Police reports, witness statements, inspection records, and company policies help show who was at fault. Accident reports made by people involved in a crash are confidential and generally cannot be used as trial evidence (NMSA 66-7-213).
• Shared fault. When more than one party may share blame, NMSA 41-3A-1 generally limits each defendant to its own share of fault, with listed exceptions.
• Damages proof. Treatment records, life-care plans, and documented lost income show the full cost of the injury.
• Insurance limits and medical liens. Coverage can fall short of the losses, which shapes talks.
• Time limits. New Mexico generally gives three years for injury to a person (NMSA 37-1-8). For minors and incapacitated persons, NMSA 37-1-10 gives one year after the incapacity ends.

How the Process Works, Step by Step

A typical claim moves from a first consultation to investigation, negotiation, and, if needed, a lawsuit.

1. First consultation. A free, confidential first consultation with no obligation to continue. We review the crash, the injuries, and the records you have.
2. Investigation. We collect medical records, scene and vehicle evidence, and insurance information.
3. Demand and negotiation. We present a demand to the insurer or defendant and bring each offer to you.
4. Mediation, if used. A neutral third party helps both sides try to reach agreement.
5. Lawsuit. If talks stall, we file suit. Discovery follows, where both sides exchange information through written questions and depositions.
6. Trial, if needed. We prepare for trial, and you decide on any offer at every stage.

Timelines vary with each case and with the court’s calendar, so no single schedule fits every claim.

Why Work With El Gringo Law on a Spinal Cord Injury Claim

El Gringo Law represents injured people across New Mexico in car accident, trucking, premises liability, negligent security, wrongful death, catastrophic injury, and spinal cord injury matters.

Josh Wood is the lawyer responsible for this page. He is licensed in New Mexico and Arizona. Our team supports each client with case work and communication.

If a case does not settle, El Gringo Law can take it to court. We serve clients in Santa Fe, Rio Rancho, Las Cruces, Bernalillo County, Sandoval County, Taos, and Farmington.

We act as the gringo on your side: plain answers, and you make the decisions. Every case is different, and past results may not lead to a similar outcome.

Contact: elgringolaw.com. Responsible lawyer: Josh Wood.

Common Questions About Spinal Cord Injury Settlements and Trials

Here are common questions about settlement and trial in these cases.