The statute of limitations for a car injury accident in New Mexico is three years from the date of your injury per NMSA § 37-1-8. If you do not file a claim or civil lawsuit within this period, then you lose your legal right to compensation for your injuries and losses. However, the facts and circumstances could change your case’s applicable deadlines, meaning that you should speak with a car accident injury lawyer in New Mexico as soon as possible.
In This Article
A New Mexico car accident injury lawyer shares legal information related to the statute of limitations and other deadlines that injury victims should know. We wrote this post to help them understand some basic rights and obligations during the claims process.
What Is a Statute of Limitations Under NM Personal Injury Laws?
Under New Mexico personal injury laws, the statute of limitations is a civil court deadline by which you have to file a lawsuit against the negligent party that injured you or your loved one. Every state has a specific statute of limitations that it follows, and the Land of Enchantment is no exception. This deadline exists to preserve evidence, expert testimony, and eyewitness testimony since their integrity could degrade over time and become unreliable.
How Long Do You Have to Sue Someone for a Car Accident in New Mexico?
Car accident injury cases are generally governed by New Mexico personal injury or wrongful death laws. Claims against government entities could result if a government employee injured you within their scope of employment. However, they carry a different timeline, which means that it is crucial to be aware of this difference as well.
The personal injury statute of limitations that pertains to car accident lawsuits in New Mexico include:
- General personal injury: You have up to three years from the date of your accident injuries to file a claim.
- Wrongful death: Survivors have up to three years from the date of the decedent’s death to file a claim.
- Claims against the government: You have up to two years from the date of your accident injuries to file a claim with a 90-day Notice of Claim to the liable entity from the day of your accident (See Related Article: New Mexico Tort Claims Act: What Is a Tort Claim?)
Filing your claim within the prescribed statute of limitations is vital to the outcome of your case. Failing to file your claim within the statute of limitations may prevent you from receiving the justice and compensation that you deserve. Do not let your detractors get away with their negligent actions over a legal deadline.
What Happens If You Miss the Car Accident Statute of Limitations?
If you miss the New Mexico statute of limitations in your car accident claim, you no longer retain your right to compensation. Filing a civil court lawsuit or insurance claim will result in a case dismissal or outright insurance claim denial of your benefits.
Essentially, you are forfeiting money that pays for:
- Medical costs
- Lost work wages
- Future lost earnings
- Wrongful death benefits
- Future losses
- Pain and suffering
- Other recoverable damages
Avoid waiting to contact a New Mexico car accident injury lawyer just to “see how things go.” It is frustrating and disheartening to see negligent parties get away with their actions based on a legal technicality. Grano Law Offices, P.C. routinely stands up for the legal rights of injury victims and surviving members get the timely justice they deserve.
Related Article: How Much Your New Mexico Car Accident Lawsuit May Be Worth
Can the Statute of Limitations in New Mexico Be Extended?
Theoretically, the statute of limitations can be extended in New Mexico. However, civil court judges rarely ever permit them. The law does not allow for late arrivals or simply forgetting, even though that really does happen from time to time.
Judges typically only extend the statute of limitations in matters where the injury victim was under age 18 at the time of the accident but is still within the permitted period. There are also a few exceptions for matters of mental incapacitation, but those are challenging cases as well. If you have questions about the deadlines on your claim, err on the side of caution, and check with an experienced injury lawyer as soon as possible.
How to Avoid Missing Your Car Accident Statute of Limitations
Depending upon the circumstances of your case, the statute of limitations that applies is not always black-and-white. While the information presented in this blog post gives you a general idea of what to expect, the most practical and aggressive way to avoid missing this deadline is to speak with a New Mexico car accident injury lawyer. We will act as your champion throughout the process and argue for every penny that liable parties owe you under NM statutes.
At Grano Law Offices, P.C., we offer prospective clients a no-cost, no-obligation opportunity to help them learn more about their legal options. Call NOW for your Free Case Evaluation at (505) 426-8711 or send us a message through our secure contact form below.
If you select our team to represent your legal rights, we do not get paid until you win your car accident injury case.
