The amount of time it takes to settle or resolve a personal injury case in New Mexico depends on the circumstances, such as the complexity of the claim and the amount of medical treatments needed by the victim. While you might be in a hurry to complete your claim and get a settlement, it is important not to rush into an amount that undervalues your losses.
Average Personal Injury Claim Timelines
Every personal injury case in New Mexico is unique. One case may take just a few months to reach a settlement, while another could require multiple years for the trial process. The majority of personal injury cases that are filed in New Mexico reach settlements, which are faster than trials.
A straightforward personal injury case with minor to moderate injuries typically takes around three to six months from start to settlement. If a claim has complications, however, it can take several months, one year or even longer. Cases that go to trial take the longest, especially if there are appeals after the initial verdict.
Steps Involved in a New Mexico Personal Injury Case
When a personal injury claim is filed in New Mexico, it will generally trigger an investigation by the insurance company. While New Mexico law does not require insurance companies to keep their investigations and response times to a certain time limit, they must keep them “reasonably prompt.” Typically, this process takes anywhere from one to two months.
Once the insurance company completes its investigation, it will issue a response to the demand letter. It may agree to the claimant’s terms and resolve the claim without further negotiations, or it may send a counteroffer. It could also reject the claim. If negotiations ensue, this can add additional months to the settlement timeline.
If an insurance company refuses to settle the claim, it could lead to a personal injury lawsuit in New Mexico. Lawsuits involve discovery, a civil trial, and mediation or arbitration throughout the process to try to resolve the dispute. Overall, a personal injury lawsuit could take one, two or multiple years.
What Can Make a Claim Take More or Less Time?
Claim timelines change based on factors that are unique to each situation. Certain case elements can shorten or extend the amount of time it takes to reach a satisfactory resolution. Determining factors include:
- The length of the investigation
- Whether the facts of the case are in dispute
- The number of defendants and the complexity of the claim
- The seriousness of the injuries and the recovery timeline
- The cooperativeness of both parties
- Whether the case settles or requires a trial
Hiring a personal injury lawyer can expedite the claims process as much as possible. Your lawyer can facilitate a quicker settlement by investigating and collecting evidence for you, navigating New Mexico’s personal injury statutes, and handling negotiations with an insurance company on your behalf.
What Is the Statute of Limitations on a Personal Injury Case in New Mexico?
One law in New Mexico that may affect the timing of your personal injury case is the statute of limitations. New Mexico Statutes Annotated § 37-1-8 gives an accident victim no more than three years from the date of injury to file a personal injury lawsuit. However, a claim brought against the government has a much shorter deadline of just 90 days.
Do not wait to file your personal injury case. Contact an attorney for a free consultation about your legal rights and options, as well as advice on how to resolve your claim as efficiently and effectively as possible.