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May 8, 2025
- Blog
- By Cesar Ornelas
If you’ve been injured because of someone else’s negligent or careless behavior, you can file a personal injury claim to try to get compensation to cover your medical bills and any other losses you’ve sustained. Most of these claims get settled out of court as the two parties agree on an appropriate payment. But sometimes, no agreement can be reached, and the case goes to trial. A personal injury attorney in Hobbs, NM can help you understand more about how your case is likely to proceed and whether it’s likely to end up in trial.
Why a Case Goes to Trial
A case will usually go to trial because the injured person and the responsible party (or their insurance company) can’t agree on a settlement. This could happen because the insurance company is simply refusing to pay enough money to actually cover your losses. It could be because there’s a dispute over liability and the degree of liability that everyone involved holds. Whatever the reason, trials are always tricky things. It’s very hard to predict the outcome at times, and it’s usually in the best interests of both parties to avoid a trial if they can. That said, there are definitely times when there is no alternative. Your lawyer will guide you through each step of this process:
Pre-Trial
Before the trial actually begins, you go through a preparatory phase known as discovery. During the discovery phase, both sides share evidence to build their cases. The two sides may also request depositions of all the witnesses. Depositions are sworn statements from those witnesses and help both sides decide whether to call a witness and how to cross-examine a witness for the opposition. Both sides have 30 days to respond to any request for evidence during the discovery phase, and while it may seem like a delay, one of the purposes of the discovery phase is to make sure that the two sides can stipulate everything that they agree upon. Anything that is stipulated doesn’t have to be explained in the courtroom, which saves time.
Another important pre-trial event is picking the jury, if your case is heard in front of a jury rather than a judge alone. As the jury is picked, your lawyer and the lawyer for the defendant will ask the jurors questions to make sure that they are fair and not biased in one way or the other. Throughout the pre-trial process, negotiations can certainly continue, and it may be possible to reach a settlement before going to trial.
Opening Statements
Once the jury is picked and everyone’s ready to go, the trial begins with both attorneys taking turns to give opening statements. Your lawyer’s opening statement will explain how the defendant caused your injury and what the injury has done to you. The defendant’s lawyer will explain why they believe they are not at fault or not as much at fault as you claim.
Presenting Evidence
Both sides will take turns presenting their evidence. Because you are the plaintiff in this trial, your lawyer will go first. They will lay out all the evidence showing what happened in the accident and proving that the defendant is responsible. They will also show all the evidence of what you have lost, like your medical records or testimony from friends and family about how your life has changed. They may call witnesses of various sorts, including expert witnesses who can give a professional opinion on certain things. For example, an accident reconstruction specialist may be able to look at photos of an accident scene and describe to the jury how an accident really went down. A medical expert may be called on to review your medical records. The goal is for your lawyer to prove that it was the negligence of the defendant that caused your harm.
The defendant’s lawyer will, of course, then present their side and attempt to show that the defendant was not at fault, that you are to blame at least partially, or that your injuries either were not caused by the accident or are not as serious as your lawyer has made out. They will also call their own witnesses, including expert witnesses in some cases, and both sides can cross-examine the other’s witnesses and ask tough questions to challenge their statements. This is why it’s so important that you have an experienced personal injury attorney on your side.
The Jury or Judge
In New Mexico, personal injury trials can be decided either by a jury or a judge alone (called a bench trial). Most cases use a jury, but either way, the jury or judge will listen to all the evidence. The jury’s job is then to decide if the defendant is liable. If they are, how much money should you get? Your lawyer will present all the evidence for everything you’ve lost and work to persuade the jury that what you’re requesting is fair.
The judge or jury will also take into consideration New Mexico’s comparative negligence laws, which mandate that your compensation normally be reduced by the same percentage as your fault for the accident. It’s thus very important for your lawyer to counter any attempt by the defendant to try to push fault onto you that you don’t really deserve.
Closing Arguments and Deliberation
Once all the evidence has been presented, the lawyers for the two sides once again take turns giving an argument. This time, it is a closing argument that sums up everything they have argued during the trial. Your lawyer will explain why the defendant is responsible and why you deserve to be compensated. The defendant’s lawyer will argue their side. Then the jury or the judge take time to deliberate. In the case of a jury, they need to discuss the evidence together in private, and they must agree on a verdict. Once they have, assuming that they found the defendant liable, they will then award you damages.
Post-Trial Motions and Appeals
After the verdict is given, both sides can challenge the outcome by making post-trial motions. For example, if the jury awarded you more than you asked for, the other side will almost certainly file a motion asking the judge to reduce the damages. If you lose the case, and your lawyer believes that a mistake was made, your lawyer can request a new trial. If these motions don’t resolve whatever issue is still of concern, the losing side can appeal to a higher court. However, it’s important to understand that an appeal is not a brand-new trial. It is a request for the court to check whether any legal errors were made in the original trial. Appeals can take months and even years.
Collecting Your Compensation
If you win and there’s no appeal, or the appeal upholds your award, then you’ll be given your compensation. If the defendant has insurance, it’s usually the insurance company that pays the damages, up to the limit of the policy.
Your Personal Injury Attorney in Hobbs, NM
Whatever turn your personal injury claim takes, working with a lawyer will help everything to go more smoothly. Reach out to Cesar Ornelas Law now in Hobbs, NM for a free consultation. We also serve clients in Northern California and throughout Texas.
