The New Mexico Personal Injury Claim Process

Filing a New Mexico personal injury claim can be an intimidating process, especially when you are dealing with injuries and are uncertain about your legal rights and how to safeguard your future. Every personal injury is different. An experienced personal injury attorney in Albuquerque can walk you through the various phases of your personal injury claim, which may involve:

Consultation with a Personal Injury Lawyer

Caruso Law Offices, P.C. knows you may be confused about your legal rights and options after an accident. This is why we offer a free, no-obligation consultation. A knowledgeable personal injury lawyer can discuss your situation, when it occurred, and who may be responsible to determine if you have valid grounds to pursue a personal injury claim. If you decide to hire us, we can assist with all of the following phases involved in your case.


Your lawyer can investigate how the accident happened and who is legally responsible for compensating you for your injuries. The investigation can vary depending on the type of case you have, but it may include:

  • Reviewing accident reports and photos of the scene
  • Reading medical records and property damage reports
  • Interviewing witnesses
  • Sending spoliation of evidence letters to businesses to preserve evidence that could be relevant to the case, such as a truck’s black box
  • Requesting public information and reports

Your attorney may continue to gather additional evidence throughout the claims process to further support your claim.

Calculation of Damages

Your lawyer will also obtain evidence of how the accident impacted you so they know how much compensation to demand on your behalf. This evidence may include:

  • Medical bills for your immediate costs of treatment
  • Medical reports by doctors regarding your future medical care needs
  • Check stubs and employment statements regarding your lost earnings
  • Property damage estimates
  • Receipts and invoices for expenses you have incurred because of the accident
  • Pain journal entries

In some cases, a personal injury lawyer will work with expert witnesses to better establish the full extent of your damages.

Once your lawyer can calculate your damages, they can prepare a demand letter to the insurance company, which demands the insurance company pay the full amount to avoid a trial.


The insurance company may respond to the demand letter by offering a lower amount of compensation. Your lawyer can request a different figure. If they reach an agreement and you approve, you can receive a settlement check in exchange for waiving your right to sue. If an acceptable settlement cannot be reached, your case proceeds to litigation.

Filing a Lawsuit

Your attorney can prepare a complaint that describes the accident, the amount of damages you are demanding, and your legal foundation for compensation, as well as a summons that notifies the defendant that a lawsuit has been filed against them.

Serving the Defendant

The defendant must be legally served with the complaint and summons. After legal service, the defendant has 20 days to file an answer to the complaint to avoid a default judgment against them.


Discovery is the legal process of obtaining additional information about a case so lawyers can prepare for it. Discovery may involve various tools, such as:

  • Subpoenas
  • Depositions
  • Interrogatories
  • Requests for admissions
  • Requests for the production of documents

Settlement Negotiations

At this point in your case, you may be trying to settle your case again. You may even participate in mediation. If you cannot settle the case, it proceeds to trial.


At trial, both sides present evidence and witnesses. Lawyers cross-examine witnesses. At the end of the case, the judge or jury renders a verdict.

Contact Our Albuquerque Personal Injury Law Firm Today

The experienced personal injury attorneys at Caruso Law Offices, P.C. know the ins and outs of personal injury laws. Schedule your free, no-obligation consultation by calling (505) 393-3992 or contacting us online.