Time is of the essence when filing insurance lawsuits. If you file a Santa Fe injury claim, New Mexico law gives you three years from the accident injury date to file a lawsuit. However, file the claim sooner since other deadlines affect the outcome.
Our car accident injury lawyer, Marc A. Grano, addresses time limitations for those filing a claim in this article, including the statute of limitations, tort claims, and policy deadlines. He then shares additional information about factors that could affect your case. We wrote this post for injury claimants and their loved ones looking for answers.
New Mexico’s Statute of Limitations
The statute of limitations is a formal civil deadline by which you must file a negligence lawsuit against another party. NMSA § 37-1-8 specifies deadlines related to personal injury matters, including car accidents.
We outlined the relevant limitations by the claim type filed below:
- Car accidents (general): Up to three years from the injury date
- Car accidents (tort claims): Up to two years from the injury date (with a mandatory 90-day notification period)
- Wrongful death car accidents: Up to three years from the date of your loved one’s death
The statute of limitations only applies the deadline to file a civil lawsuit in New Mexico State Court. Remember to file your insurance claim per policy guidelines first. Consider settlement offers with a car accident injury attorney serving Santa Fe before acceptance.
Certain Situations Affect the Statute of Limitations
The statute of limitations is not the only element to consider. Policy deadlines also influence the timing of your case. Evidence degrades, and eyewitness memories fade. Therefore, you should file your claim after visiting a doctor and within 72 hours of the accident date.
Other factors can affect the statute of limitations in one manner or another, including:
- Factor 1. The Claimant’s age
- Factor 2. The injury type
- Factor 3. Liable parties
- Factor 4. Degree of fault
These factors are among several that could affect your situation. Make sure you also check out this article on protecting your insurance claim if you are trying to obtain the most favorable outcome for your situation. However, following your lawyer’s personalized legal advice is always the most effective measure against making car accident injury claim or lawsuit mistakes.
Protect Your Claim from Missed Deadlines
The most proactive way to avoid missed deadlines is to get personalized legal advice directly from a lawyer. Missing the statute of limitations, including insurance claim denials and lawsuit dismissals, negatively impacts outcomes.
You should also retain as much evidence as possible, such as:
- Medical bills
- Pay stubs
- Police reports
- Accident reports
- Photos & videos
- Doctor’s notes
- Prescription bottles
- Written communications
- Other forms of relevant evidence
This post only serves as general legal information for claimants navigating the claims process. Contact a car accident injury attorney like Marc A. Grano for personalized legal advice. He will answer your questions with the experience and guidance you deserve when protecting your claim.
Get Your Free Case Evaluation with Grano Law Offices, P.C.
Grano Law Offices, P.C. welcomes you to contact us for no-cost, confidential legal advice. Schedule a free remote or in-person case evaluation today at (505) 426-8711. You can also message us online directly.
