How hard is it to win a personal injury case in New Mexico?

How Hard Is It to Win a Personal Injury Lawsuit in New Mexico?

If you’re thinking about filing a personal injury lawsuit, one of the biggest questions on your mind is probably: How hard is it to win? The short answer is—it depends. The difficulty of winning a personal injury case in New Mexico varies based on the details of your case, the available evidence, the insurance company’s willingness to settle, and whether you have a skilled attorney on your side.

Let’s break it down.

Some Cases Are Easier to Win Than Others

Some personal injury cases are straightforward. Let’s say:

• You were in a car accident.

• There is clear video evidence showing you were not at fault.

• The police report also states you were not at fault.

• You have documented injuries that have healed.

• The at-fault driver has enough insurance coverage.

In a case like this, the insurance company is more likely to settle—sometimes within six to nine months. In many cases, you won’t even need to file a lawsuit.

However, if the insurance company disputes your claim, things can take longer. If you have serious injuries, they may fight harder to avoid paying a large settlement. The more complicated your case, the longer it may take to resolve.

Factors That Make a Case More Challenging

Some situations make winning a personal injury case harder, including:

1. The Insurance Company Fights Back

Insurance companies are in the business of paying out as little as possible. Even if your case seems clear-cut, they may still try to:

• Argue your injuries aren’t as bad as you claim.

• Blame you for the accident (even partially).

• Delay payments, hoping you’ll settle for less.

If an insurance company refuses to offer a fair settlement, you may need to file a lawsuit to push them into negotiations. Doing this puts your best foot forward. This also does not guarantee you will go to a trial.

2. Disputes Over Fault

New Mexico follows comparative fault rules, meaning:

• If you are partly responsible for the accident, your compensation is reduced by your percentage of fault.

• If the other party argues you were even a little at fault, they might try to lower your payout.

For example, if you slip and fall in a store, the business might argue:

• You weren’t paying attention.

• You were wearing improper footwear.

• The hazard was clearly marked.

The more complicated the fault dispute, the harder the case becomes.

3. The Defendant Is a Large Business

If you’re suing a big company (such as a large retailer, trucking company, or manufacturer), expect a fight. Big companies have:

• Teams of lawyers trained to avoid liability.

• Large insurance policies, making it worth their time to fight instead of settling quickly.

• More resources to delay the process.

In these cases, you need an attorney who will push for fair compensation and get you what you are owed.

4. You Need to Go to Trial

Most personal injury cases settle before trial, but if yours doesn’t, things get more complicated. Going to trial means:

• More time and stress—It can take years to get to court.

• Higher costs—Your attorney may need to hire expert witnesses to prove your case.

• No guarantees—Juries can be unpredictable.

If your case is strong and well-prepared, a jury may award you more than what the insurance company offers in settlement—but there’s always a risk of losing.

What If You’re Afraid of Filing a Lawsuit?

Many people hesitate to file a personal injury lawsuit because they worry about:

• Going to court – Most cases settle before trial, so this isn’t always necessary.

• Being deposed – While depositions can be nerve-wracking, a good attorney will prepare you so you feel confident.

• Public records – If your case goes to court, your name will appear on public documents. However, most settlements remain confidential.

If you’ve been injured due to someone else’s negligence, it’s important to stand up for yourself. Filing a claim or lawsuit isn’t just about money—it’s about holding the responsible party accountable.

If you are reading this and are concerned. Just call a PI lawyer. The call will be free and getting info can better help you out.

How Often Do Personal Injury Plaintiffs Win?

There’s no exact percentage that applies to all cases. Some studies suggest around 60% of plaintiffs win personal injury cases in court. Who knows if those are even true. The odds vary depending on:

• The type of case (car accident, slip and fall, medical malpractice, etc.).

• The available evidence.

• How strong your legal representation is.

While some cases are easier than others, the right lawyer can improve your chances significantly.

What to Expect If You File a Lawsuit

If you decide to file a lawsuit, here’s what to expect:

1. Pre-Litigation Phase (Before Filing a Lawsuit)

• Your attorney will gather evidence, including medical records, witness statements, and accident reports.

• They will negotiate with the insurance company for a fair settlement.

• If the insurance company refuses to pay, a lawsuit is filed.

2. Litigation Phase (After Filing a Lawsuit)

• Both sides exchange evidence and documents.

• You may have to give a deposition (a recorded statement under oath).

• Your attorney may hire experts to support your case.

• The insurance company may make a better settlement offer before trial.

3. Trial (If No Settlement Is Reached)

• Your case goes before a jury or judge.

• Your attorney presents evidence and arguments.

• The jury decides if you should receive compensation and how much.

Most cases don’t make it to trial, but it’s always a possibility.

Is Filing a Personal Injury Lawsuit Worth It?

If you were injured because of someone else’s negligence, filing a personal injury claim or lawsuit can:

• Help pay for medical bills, lost wages, and other damages.

• Hold the responsible party accountable.

• Provide financial security for your future.

While it may seem like a lot of work, studies show that people who hire an attorney recover more compensation than those who don’t. A lawyer can handle the complex legal process so you can focus on healing.

Final Thoughts

Winning a personal injury lawsuit in New Mexico is possible, but it depends on many factors. The stronger your case, the better your chances of success. The best way to protect yourself is to:

• Gather as much evidence as possible.

• Work with an experienced personal injury attorney.

• Be prepared for negotiations and, if necessary, litigation.

If you’re unsure whether you have a case, talk to an attorney. Most personal injury lawyers offer free consultations, so it costs you nothing to find out your options.

The most important thing? Don’t let fear stop you from pursuing the compensation you deserve. If you’ve been harmed due to someone else’s negligence, you have the right to fight for justice.