Personal Injury Court: How Cases Are Decided in New Mexico
Most personal injury cases settle before trial, but some disputes require a courtroom decision. When settlement negotiations fail, your case may go before a judge or jury for a final ruling. Understanding how the personal injury court works in New Mexico can help you feel more prepared and confident as your case moves forward.
When a Personal Injury Case Goes to Court
A case typically goes to court when the parties cannot agree on who is at fault or how much compensation is fair. This can happen after car accidents, motorcycle crashes, slip-and-fall injuries, or other incidents involving negligence. Before trial, both sides exchange evidence, interview witnesses, and attempt mediation or settlement conferences. If no agreement is reached, the case proceeds to court.
The Role of the Judge and Jury
In New Mexico, a personal injury trial can be decided by either a judge or a jury. The judge ensures that all procedures follow the law and that evidence presented meets legal standards. If a jury is selected, its members determine whether the defendant is liable and how much compensation should be awarded.
Jury selection is an important part of the process. Each attorney has the opportunity to question potential jurors and request the removal of anyone who may not be impartial. The goal is to seat a fair jury that can evaluate the evidence objectively.
How Evidence Is Presented
Evidence is the foundation of every personal injury case. Both sides present their version of events using:
- Witness testimony and expert opinions
- Medical records and documentation of injuries
- Photos and videos from the accident scene
- Police reports and insurance statements
- Financial records showing medical bills or lost income
Your attorney’s job is to connect this evidence to a clear story of negligence, showing how the other party’s actions caused your injuries and financial losses. The defense may try to shift blame or minimize damages, but strong, consistent evidence can overcome those tactics.
Understanding Comparative Negligence in Court
New Mexico follows the rule of pure comparative negligence. This means that even if you were partially at fault for the accident, you may still recover damages, reduced by your percentage of fault. For example, if a jury finds you 20 percent responsible and awards $100,000, you would receive $80,000.
Because fault percentages can significantly affect compensation, having an attorney who can clearly present evidence and challenge unfair claims is essential.
Closing Arguments and Jury Deliberation
Once all evidence has been presented, both attorneys deliver closing arguments. Each side summarizes the key points and explains why the evidence supports their position. The jury then deliberates privately, reviewing testimony and documents before reaching a verdict.
If the jury finds in your favor, it will decide the amount of compensation, also known as damages. These may include medical expenses, lost wages, pain and suffering, and future care needs.
What Happens After the Verdict
After a verdict is announced, either side may file post-trial motions or appeal the decision. Appeals are typically based on claims of legal error, not simple disagreement with the outcome. While most verdicts stand, an experienced attorney can review your case to determine if an appeal is justified.
Why Legal Representation Matters
Personal injury court is a complex process that involves rules of procedure, evidence, and negotiation. Representing yourself puts you at a serious disadvantage against insurance lawyers who handle these cases daily. A skilled Las Cruces personal injury attorney can build a strong case, manage the paperwork, and advocate for the maximum recovery allowed by law.
At Egan Law Offices, we guide clients through every stage of the legal process, from pretrial preparation to courtroom advocacy. Our goal is to ensure that your side of the story is heard and your rights are fully protected.
Talk to Egan Law Offices Today
If your personal injury case may be headed to court, do not face it alone. Egan Law Offices represents clients across Las Cruces and Southern New Mexico in complex injury trials and negotiations. Contact us today to schedule a consultation and learn how we can help you prepare your case for success.