How long do I have to file a personal injury lawsuit in New Mexico?

If you or a family member suffered a serious injury in a motor vehicle, slip and fall, or personal injury accident, you may need to file a claim for compensation with the negligent party’s insurance company.

When you do this, it's important to understand the basic process, such as the types of compensation that you may be entitled to, how personal injury claims work, and the evidence that you will need to prove your case.

In addition, a crucial law to understand is the statute of limitations in New Mexico.

What Is the Statute of Limitations in New Mexico?

The statute of limitations is the New Mexico law that sets the time period for you to file a personal injury lawsuit against all negligent parties who caused your accident. If you fail to file a lawsuit within these time periods, you waive your right to do so, and the judge would most likely dismiss your case.

It is very important that you always consult an attorney to make sure you are filing your claim within the statute of limitations.

As a general guideline, the statute of limitations to file a personal injury case is:

  • Two years from the date of the accident for a claim against a governmental entity, including a 90-day tort claim notice from the date of the accident
  • ​Three years from the date of the accident for personal injuries suffered
  • Three years from the date of the victim’s death if a loved one died from his or her injuries and you must file a wrongful death action
  • Four years from the date of the accident for property damage suffered

Act Fast: Contact an Attorney Soon After Your Accident

One of the best ways to ensure you receive what you deserve in a settlement is to retain an experienced personal injury attorney immediately after your accident. Even if your accident happened recently and you have a long time to file a lawsuit, you might be making a big mistake that could weaken your claim for compensation.

If you wait to hire a lawyer, you limit his ability to promptly investigate the cause of your accident and interview witnesses. If too much time lapses between the incident and his investigation, scene evidence may disappear, or individuals may move or forget important details to help your claim. Your attorney can also handle all communications with the insurance adjuster and help you avoid mistakes, such as agreeing to give a recorded statement or signing the insurance company’s medical release, which could hurt your case.

Do you need to file a claim following a personal injury accident? Call our office today to schedule a free consultation to discuss your legal options, and how we can help you fight to hold the negligent parties accountable.