“I don’t want to go to trial!” What you should know if you’ve been hurt.
If you've been in a car crash or hurt because of someone else's mistake, you might be thinking about filing a claim. But maybe something’s holding you back. For many people, the biggest fear is this:
“I don’t want to go to trial.”
You’re not alone. I hear this from clients all the time. And here’s the good news: most cases don’t go to trial. Not even close.
Let’s break this down step-by-step, so you know what to expect—and how rare trials really are.
Step 1: You Talk to a Lawyer
Before anything happens, the best thing you can do is talk to a personal injury lawyer. Why? Because they can explain your rights, your options, and what the process might look like for your case.
The first conversation is free (at most firms in NM and at Hudson Injury Law it is!). And it doesn't mean you’re agreeing to go to trial. You’re just getting answers.
Step 2: Your Case May Settle Without a Lawsuit
Most injury claims are handled before a lawsuit is ever filed. This is called the pre-litigation phase. During this time, your lawyer:
Gathers your medical records
Looks at the facts of your case
Talks with the insurance company
Tries to settle the case
In many cases—especially when it's clear who was at fault and how much the damages are—the case can be settled quickly. You could receive payment without ever stepping into a courtroom.
Step 3: If a Lawsuit Is Filed, You Still Might Not Go to Trial
Sometimes, the insurance company doesn’t offer enough. Maybe they don’t take the case seriously. Maybe they deny the claim. If that happens, your lawyer might recommend filing a lawsuit.
That might sound scary, but here’s what it really means:
Your lawyer writes up a legal document (a “complaint”) explaining what happened.
It gets filed with the court.
The defendant (the person or company you’re suing) gets served.
Even at this stage, many cases still settle. Often, once the lawsuit is filed, the other side takes things more seriously.
Step 4: Discovery and Deposition
Once the lawsuit is filed, both sides go through a process called discovery. This is when they exchange information. They might:
Ask questions (called “interrogatories”)
Request documents (like medical records)
Take your deposition (a recorded interview under oath)
A deposition can feel stressful, but your lawyer will prepare you. You don’t have to memorize anything—you just need to be honest and take your time.
This stage helps both sides understand the case better, and it can lead to a settlement even before trial is scheduled.
Step 5: Mediation
In New Mexico, most courts require mediation before trial. This is a meeting where:
You and your lawyer
The other side
A neutral third person (the mediator)
…all come together to try to settle the case.
You’re not forced to settle, but this is another common point where cases resolve.
Step 6: Trial—Only If You Choose To
Here’s the truth: you don’t have to go to trial if you don’t want to. Your attorney may give you advice about whether the offer is fair, but the decision is always yours.
Even if trial is coming up, you can still choose to settle or walk away. A lawyer should never force you to go to trial. It’s your case and your choice. You can settle at any point before a verdict is given.
And if you do go to trial? You’ll be prepared. Your lawyer will guide you every step of the way. Most people find that juries are compassionate and want to do the right thing.
Why Do People Hesitate to File Claims?
Some people say things like:
“I’m not the suing type.”
“I don’t want to make a big deal out of this.”
“I’m worried about it being public.”
That’s understandable. But here’s something to think about:
Companies and insurance carriers have spent years making people feel ashamed for standing up for themselves. Filing a claim or lawsuit isn’t greedy or wrong—it’s brave. You’re saying, “I was hurt, and I deserve to be made whole.”
The Bottom Line
You do not have to go to trial just because you start a claim.
You do not have to be the “suing type” to want justice.
You do have the right to talk to a lawyer and find out what your options are.
In fact, most people who bring claims never step foot in a courtroom. They get their medical bills paid, get help for lost wages, and move on with their lives—without ever going to trial.
If you’re unsure or just scared to take the next step, call a personal injury lawyer. The consultation is free, and you might feel a lot better after talking things through. Its better to know what can be done for your case!
