You only have a short window of time to file a lawsuit against the negligent trucker and trucking company that caused your truck accident. If you miss this deadline, it can have devastating consequences on your right to compensation for your injuries.
What Is the Statute of Limitations to File a Truck Crash Lawsuit in New Mexico?
One of the most important laws to understand if you or a loved one were hurt in a truck collision in Roswell is the deadline, which is referred to as the statute of limitations, to file your lawsuit. The time period you have to do so will be different depending on the type of claim you are pursuing. Here are the time periods you have to sue for cases involving:
- Personal injuries. You have three years from the date of the accident to file a lawsuit for personal injuries you suffered.
- Property damage. You must file a lawsuit for property damages within four years of the date of the wreck.
- Wrongful death. If a loved one died in the truck accident, you must file a wrongful death action within three years of the date of his death—not the date of the collision.
What Happens If You Try to File Your Lawsuit After the Statute of Limitations Expired?
If you fail to file your complaint before the deadline to do so expires, the insurance company for the trucker and trucking company will most likely raise this as a defense, and the judge would dismiss your case. While there is technically no time period to file a claim with the insurance company, they would have no incentive to offer you a settlement if they know that you waited too long to sue.
Can the Statute of Limitations Be Extended?
In limited situations, the window of time to file a lawsuit can be extended under New Mexico law. You may have more time to sue if one of the following applies:
- The defendant was out of the state for an extended period of time, and you were unable to file a lawsuit against him during the statute of limitations.
- You are a minor under 18 years old. Once you turn 18 years old, you would have an additional year to file your lawsuit.
- You are mentally incompetent. Once you become competent, you would have one year to sue the negligent parties.
The best way that you can be certain that you file your lawsuit before the statute of limitations expires and obtain the compensation you deserve is to hire an experienced truck accident lawyer in Roswell as soon as possible. To learn of our track record of success in these cases and how we can assist you, start a live chat to schedule your free consultation today.