What Is the Statute of Limitations in New Mexico?

When you get hurt in an accident, it’s crucial to understand the time limits for taking legal action. This time limit, known as the statute of limitations, determines how long you have to file a lawsuit. 

In New Mexico, specific rules govern these timeframes. Our Albuquerque personal injury attorneys will guide you through these legal requirements and ensure you act within the necessary deadlines.

What Is the Statute of Limitations in New Mexico?

The statute of limitations tells you how long you have to start a lawsuit after something happens. In New Mexico, this time limit depends on what kind of case you have.

Why do we have these time limits? 

There are a few reasons:

• To make sure the evidence is still fresh and reliable.
• To be fair to the person or company being sued, they’re not surprised by old claims.
• To encourage people to solve their problems quickly.

If you wait too long and the time runs out, you usually can’t sue anymore, even if you have a good case. That’s why it’s really important to know these time limits.

Relevant Statute of Limitations in New Mexico for Personal Injury Claims

In New Mexico, here are some important time limits for different types of cases:

• Personal Injury: 3 years. 

This includes car accidents, slips and falls, and other accidents where you get hurt because of someone else’s mistake.

• Medical Malpractice: 3 years.

If a doctor or hospital makes a mistake that hurts you, you have 3 years to file a lawsuit. But be careful – the clock might start ticking from when the mistake happened, not when you found out about it.

• Wrongful Death: 3 years.

If someone dies because of an accident or someone else’s mistake, their family has 3 years to file a wrongful death lawsuit.

• Property Damage: 4 years.

If someone damages your property (like your car or house), you have 4 years to sue them.

• Product Liability: 3 years.

If you’re hurt by a defective product, you have 3 years to file a lawsuit.

• Contracts: 4 or 6 years.

For written contracts, you have 6 years. For verbal contracts, you have 4 years.

Some important things to know about these time limits:

• The clock usually starts ticking on the day of the accident or injury. This means you have a set amount of time to file a lawsuit from the moment the incident occurs.
• For some cases, like medical malpractice, the clock might start when you discover the injury, not when it happened. This is because some injuries or mistakes may not be immediately apparent and could take time to manifest.
• If the injured person is a child, the clock might not start until they turn 18. This allows minors the opportunity to seek legal action once they reach adulthood, providing additional time to file a claim.
• In some cases, if the person who caused the injury leaves New Mexico, the clock might pause until they come back. This is to ensure that individuals cannot evade legal responsibility simply by leaving the state. 

Contact a New Mexico Injury Attorney Soon After Your Accident

Talk to a lawyer as soon as possible after an accident or injury. Our Parnall Law New Mexico personal injury attorneys will tell you exactly how long you have to file a lawsuit in your specific case, start gathering evidence while it’s still fresh, ensure you don’t miss any important deadlines, handle talks with insurance companies, and get started on a lawsuit before time runs out if needed. 

Even if you’re unsure about suing, a free initial consultation can help you understand your options without any financial commitment. 

Contact us at (505) 268-6500 or online for a free consultation.