Detailed Answer
Resolving a personal injury claim for lost wages in New Mexico can take anywhere from six months to over two years. Timelines vary based on case complexity, medical recovery, liability disputes and whether you negotiate a settlement or proceed to trial.
Key Factors Affecting Your Timeline
- Injury Severity and Medical Treatment: You must reach “maximum medical improvement” to accurately document lost wages. This can add months if your injuries require ongoing care.
- Liability and Insurance Disputes: If the at-fault party contests negligence, you may face extended investigation, depositions and negotiations.
- Economic Damage Documentation: Gathering pay stubs, tax returns and employer statements to prove lost earnings can take several weeks to months.
- Pre-Suit Negotiations: Many insurers require a demand letter and time to investigate before offering settlement. Insurers often respond within 30–60 days, but negotiations can stretch longer.
- Litigation Process: If you file suit, allow time for service of process, discovery (6–12 months), motions and potential trial (another 6–12 months). Appeals add further delay.
- Statute of Limitations: New Mexico law requires filing a personal injury lawsuit within three years of the injury. See NMSA 1978, § 37-1-8.
Typical Case Timeline
- 0–3 months: Initial consultation, medical treatment, demand package preparation.
- 3–6 months: Insurance adjuster review, first settlement offers.
- 6–12 months: Negotiations continue; if no settlement, file complaint and begin discovery.
- 12–24 months: Complete depositions, summary judgment motions, prepare for trial.
- 24+ months: Trial and post-trial motions; possible appeals.
Note: Every case is unique. Simple claims may wrap up under a year. Complex cases often exceed two years.
Helpful Hints
- Keep detailed records of medical visits and work absences.
- Obtain wage verification letters from employers promptly.
- Send a clear, organized demand letter outlining lost wages and medical bills.
- Track all correspondence with insurance adjusters and defense counsel.
- Consult a local attorney early to understand your rights and deadlines.
- Mark your calendar for the three-year statute of limitations deadline.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.