New Mexico Statute of Limitations Personal Injury

New Mexico statute of limitations personal injury laws play a very important part when dealing with a personal injury claim in New Mexico. The time allowed legally to file a suit after an injury is what sets this time. You do not have any right to pursue compensation if this set deadline passes you by. At Parnall Law, we help our clients through the complexities of a personal injury claim by protecting their rights and filing the case in a timely manner.

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What Is a Statute of Limitations?

Statutes of limitations refer to time limitations that are placed in every area of law in the given time frame that someone must file a lawsuit in which there was an incident in view. Without statutes of limitation, perhaps defendants would face a long-since-passed action at a time in life or well past when one was effectively able to defend them on their behalf.

In New Mexico, the statute of limitations in personal injury cases is found under Section 37-1-8 of the New Mexico Statutes Annotated. This section provides that an action for an injury to the person must be brought within three years from the date on which it occurred.

For most personal injury claims -including car accidents, slip-and-fall cases, and defective product injuries- the three-year clock starts on the date the injury occurred. So, if you were hurt in a car accident on January 1, 2024, then, ordinarily, you would have until January 1, 2027, to file your lawsuit. If one fails to do so, there could be very serious consequences. The moment that statute of limitations expires, then most probably the court will dismiss your case, and with this, you will lose your right to recover compensation legally, no matter how valid your claim is.

Why Do Statutes of Limitations Exist?

The statute of limitation is a key concept in the administration of justice; it performs three salient functions. First, they ensure that claims are filed while the efficiency and equity of the legal process can still be upheld, meaning the action would be brought while the evidence is fresh and the memories are intact.

Secondly, initiating court actions in good time is quite essential for the preservation of evidence. As time runs, physical evidence deteriorates, documents get lost, and memories disappear, which lessens the truthfulness of the evidence before the court.

Finally, such statutes also protect the rights of the defendants by removing any danger of their being sued for some incident years after it occurred when the chance of gathering evidence for defense or tracing necessary witnesses has become slim or negligible.

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Are There Variations in the Time Limit?

While the general statute of limitations for personal injury in New Mexico is three years, certain circumstances can affect how this deadline is applied. These include:

• Delayed discovery of the injury: If the injury isn’t immediately apparent, the clock starts when the injury is discovered or reasonably should have been discovered.
• Cases involving minors or mental incapacitation: The statute of limitations may be paused or “tolled” until the individual turns 18 or regains capacity.
• Claims against government entities: These claims must follow stricter timelines, with as little as 90 days to file a notice of claim and two years to file a lawsuit.

Exceptions to the Statute in New Mexico

Certain situations allow for exceptions to the standard three-year deadline. Understanding these exceptions can make a significant difference in whether your case proceeds.

Discovery Rule

The statute of limitations commences running from the date that an injury is actually or constructively discovered. For instance, in medical malpractice cases, there are some injuries not detectable, like internal or surgery-related. The LII adds that according to Cornell Law School, the clock begins running at the time of discovery or when the injury should have been discovered.

Minors

That is usually suspended if the injured party is under 18 years old, also called a minor, and continues to run after he attains the age of majority. In other words, if a 16-year-old is injured in a car accident on January 1, 2024, he would have until his 21st birthday to file a claim.

This protection becomes very important when it involves cases of injured children at daycare centers, through playgrounds, or during sports, as most of these children may not be conscious of their rights or of the long-term implications associated with their injury.

Mental Incapacity

Suppose the injured individual is mentally incapacitated at the time of the injury—whether due to a medical condition, mental illness, or cognitive impairment—the statute of limitations may also be tolled. According to Section 37-1-10 NMSA, the time limit begins only after the individual regains legal capacity.

Claims Against Government Entities

Injured parties have to file a written notice of claim within 90 days of the injury while filing the lawsuit shall be within two years. New Mexico National Compendium, U.S. Law Network. Examples of such claims include incidents involving municipal vehicle accidents, such as city buses, injuries on public property, such as falls in government buildings, or negligence on the part of government employees. These tight timelines make it difficult to navigate the process without the help of an experienced attorney.

Steps to File a Personal Injury Lawsuit

The process of filing a personal injury lawsuit may seem to be overwhelming since a person is struggling between continuing treatments and meeting financial crises. The key steps involved are mentioned herein:

1. Seek Immediate Medical Attention: Your health is the most important thing that one should consider. Immediately after an accident, one should get admitted to a hospital to ensure their safety and have records of lesions, which are essential in proving a case related to personal injuries.
2. Contact an Experienced Attorney: Engaging an experienced lawyer can help ensure that your case is processed and attended to on time. Personal injury laws are pretty intricate with tight deadlines. At Parnall Law, we have experience in maintaining those deadlines and negotiating with insurers to safeguard our client’s rights.
3. Gather Evidence: Strong evidence only adds to your case and increases your chances of a positive case outcome. Some examples of evidence include the following:

• Medical records showing proof of your injuries.
• Police reports of how the incident occurred.
• Photographs of the scene of the accident or your injuries.

4. Filing of Complaint: This is the formal way of commencing your lawsuit. Your attorney will draft and file the complaint with the basic facts of your case, the legal basis of your claim, and the relief sought. You must do this before the statute of limitations runs.
5. Negotiate a Settlement or Proceed to Trial: Most personal injury cases are settled, and very few go to trial. In fact, according to a study by Cornell Law School, about 95% of personal injury claims are settled before going to court, while only about 5% are litigated. This is often because settlement reduces legal costs, saves time, and minimizes emotional stress. However, there are some cases that have to go to trial, especially when the defendant refuses to make a decent settlement.

Act Now to Protect Your Rights

Don’t wait to take action if you’ve been injured in New Mexico. The New Mexico statute of limitations for personal injury laws imposes strict deadlines that could affect your ability to recover compensation. At Parnall Law, we understand the importance of timely and effective legal representation. Contact our experienced attorneys today at (505) 268-6500 to discuss your case and ensure your rights are protected.

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Angela Silva

January 2025

I had never had to file a lawsuit in my life. I was afraid to even start the process. Una Campbell and staff like Maura were always so nice and always explained to me what was next. They checked up on me even if there was no movement in the case at the time. Even during a family emergency Una made sure she figured out how to show up to a meeting. I appreciated that but I would have understood. This made me see the hard work and the dedication she always put into all her cases. Thank you so much for everything. I wish you the Merriest of Christmases and many Happy New years!

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