How Long Does It Take to Resolve a Car Accident Lawsuit In New Mexico?

On Behalf of Egolf + Ferlic + Martinez + Cox, LLC

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Aug 24, 2025

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Motor Vehicle Accidents

If you’ve been injured in a car accident, one of the first questions you may ask is: How long does it take to resolve a car accident lawsuit in New Mexico? While each individual process time varies based on the specifics of the case, knowing what to expect in the process can help you understand what is to come. Additionally, having a New Mexico car accident attorney can help you understand your timeline.

Timeline for a Car Accident Claim

A car accident claim can take a long time to resolve. Minor claims are generally resolved more quickly than major, more complicated ones. If liability is evident, this can also speed up the claims process. Complex cases usually involve disagreements over fault, severe injuries, and accidents involving multiple parties. The most prevalent contributing factors in car accidents in New Mexico include the following:

• Driver inattention, accounting for 18.1% of accidents
• Failing to yield, accounting for 6.1% of accidents
• Following too close, accounting for 4.2% of accidents

No matter the cause, car accident cases tend to follow a general timeline. An attorney skilled in car accident laws can help you through this legal process.

Medical Treatment

Make sure to finish medical treatment or obtain a clear assessment from doctors about both current and future injury needs before pursuing a claim or settlement. This is called Maximum Medical Improvement (MMI). You must wait until you reach MMI to become eligible for damages covering future medical treatment and potential long-term disability. Cutting that step short can cost you money in the end.

Investigation and Negotiation

An attorney collects important evidence, which includes the police report, together with medical records and witness statements, as well as photos, video surveillance footage, and professional opinions.

Your attorney may attempt to negotiate a settlement of your claim with the insurance company prior to filing a claim. A significant percentage of car accident cases in New Mexico are settled at this point in the process. If, however, the insurance company denies liability or makes a low settlement offer, your attorney may advise you to file a formal claim.

If negotiations fail, your attorney files a complaint in civil court. From this point on, you enter the litigation phase.

Discovery and Mediation

Discovery is often the lengthiest portion of the claim process. During this phase, lawyers conduct depositions and send written questions called interrogatories while exchanging documents. Both sides gather evidence and size up the case’s strengths. Discovery can take a while, especially if medical professionals and/or accident reconstruction professionals are involved.

Prior to trial, courts generally mandate both sides to attempt mediation. A neutral third-party mediator assists both sides in finding common ground. Many cases settle at this stage, without trial.

Proceed to Trial

If no settlement is reached, your case goes to trial. Trials are fairly uncommon, but they do occur, and their duration depends on the specifics of the case. The fact that a court date must be scheduled can also cause delays, as New Mexico’s courts can experience backlogs.

Factors That Can Delay a Claim

The first thing that can delay a claim is the filer’s delay in making the claim. New Mexico has a 3-year statute of limitations for filing a claim. Waiting just adds time to the process. Other factors that influence a claim include:

• Disagreements about fault. If the defendant denies responsibility, more investigation may be required.
• Severe injuries. If the plaintiff suffered severe injuries or injuries that worsened over time, the claim may have to wait while they seek treatment.
• Multiple parties. If multiple parties, especially commercial vehicles, are involved, this can prolong the process as it requires a more thorough investigation.
• Court scheduling. Sometimes the courts simply have a long backlog, and the case may have to wait to be heard.

About Egolf + Ferlic + Martinez, LLC

Our boutique trial lawyers at Egolf + Ferlic + Martinez, LLC deliver seasoned legal representation with a focus on client needs. We assist clients statewide, and we have an extensive understanding of New Mexico personal injury law. Our experienced attorneys are familiar with the local legal scene and can help you get the compensation you deserve after a car accident.

FAQs

How Long Does It Take to Settle a Car Accident Claim?

The time required to reach a resolution is largely dependent on the facts of the case, such as the severity of the injuries, clarity of liability, and whether or not the parties choose to litigate the matter at trial. Many claims settle quickly and efficiently as a result of negotiation between the parties, while others take longer because of disputes between the parties and/or court scheduling. The timeline for each case is unique to the circumstances of the claim.

What Is the Average Settlement for a Car Accident in New Mexico?

There is no fixed average settlement for car accidents in New Mexico because each case is unique. The amount varies depending on the severity of your injuries, how they affect your life, medical bills, and who is at fault. The size of settlements is based on the evidence you have and how effective your lawyer is.

Do I Need a Police Report to File a Car Accident Claim in New Mexico?

It is not legally necessary to have a police report to file a claim. However, a police report can be very beneficial. An unbiased account of what happened in a police report can help verify your story, establish liability, and make your case stronger when dealing with insurance companies or in court. You should obtain a copy of the police report to keep for your records.

What Is a Typical Amount of a Settlement for Pain and Suffering?

Pain and suffering damages have no set calculation formula, and their value can vary widely from case to case. The courts and insurance companies evaluate damages by assessing how the injury impacts your physical and emotional health and your ability to enjoy life. The more severe and permanent your injuries, the more likely you are to receive significant compensation.

Hire a Car Accident Lawyer Today

If you were injured in a car accident due to another party’s negligence, hire a car accident lawyer at Egolf + Ferlic + Martinez, LLC today. Contact us to get the legal assistance you need.