The amount of time a car accident lawsuit in New Mexico takes to settle can vary widely, from around three to six months to one year, two years or longer. Factors that affect the timeline include case complexity, injury severity, the number of liable parties and whether litigation is required.
Simple Case: 3-6 Months
If a case is simple, it can typically be resolved within three to six months with a quick settlement. These tend to be cases with minor to no injuries, clear liability, low medical costs and easily available evidence.
Most car accident claims in New Mexico aren’t lawsuits – they are out-of-court claims filed with automobile insurance companies to try to reach a settlement. A settlement is a private agreement to resolve a legal dispute outside of court.
If a car insurance company accepts a claim, it will offer a certain amount of financial compensation to the claimant in exchange for being released from liability for any future damages. The vast majority of car accident cases reach settlements and do not have to go to trial.
Average Case: 6-12 Months
It is most common for a car accident case in New Mexico to take around six months to one year from start to settlement. This is typical of moderate cases, where the crash victim needs medical treatments that may be ongoing (e.g., physical therapy or rehabilitation).
These cases may involve small complications such as multiple insurance companies, back-and-forth settlement negotiations, an uncooperative insurance carrier, a temporary disability, some disputed fault, lost wages, or longer recovery times.
Complex Case: 1 to 2 Years or Longer
Complicated car accident cases in New Mexico can take up to several years. These cases often have to go to court due to issues such as uncooperative insurance companies, liability disputes, unreasonably low settlement offers, wrongfully denied claims or accidents involving out-of-state drivers and insurance policies.
A court case timeline can vary depending on how long the discovery or investigative period lasts, the availability of evidence and defendants, and the courthouse’s schedule. In busier counties, such as Bernalillo County, you can generally expect longer wait times for a court date. A car accident lawsuit may settle at any point before the start of a trial.
While your car accident lawsuit is pending, you may be eligible for compensation to help you pay for your immediate medical bills from your own insurance providers, including health and auto insurance. Your insurers will later be reimbursed from any settlement or judgment award you are given. A car accident lawyer in Albuquerque can negotiate with your medical providers to prevent creditors from contacting you, and potentially bring down the cost of your care.
What Can You Do to Expedite Your Car Accident Lawsuit in New Mexico?
Gather as much information and evidence surrounding your car accident as possible. Get medical treatment right away, and keep copies of your medical bills and records. Having well-documented injuries and losses can cut time off of the claims process. Evidence of the other driver’s fault, such as witness statements and photographs or videos, can also expedite your claim. It is normal to want your car accident lawsuit to reach a settlement or jury verdict as quickly as possible so that you can move on with your life. However, it’s important not to rush to accept a quick settlement. Initial settlement offers are often too low and need to be negotiated to achieve fair amounts. Contact us today for assistance in navigating your claim to achieve the best possible results with an efficient timeline.