How Long to Commence a New Mexico Trucking Accident Wrongful Death Case


March 28, 2017

 by Caruso Law Offices, P.C. | 

The Statute of Limitations in a New Mexico Trucking Accident Case Causing a Wrongful Death is Quick and Cannot be Missed

The death of a loved one is absolutely devastating.  An untimely death can cause serious emotional distraught, physical pain, and financial trouble to an entire family.  This is particularly true when the death is caused by an unexpected accident such as an Albuquerque trucking accident resulting in the wrongful death.  Some of the country’s busiest interstates whip through Albuquerque, New Mexico, including I-40 and I-25.  Further, some of the largest trucking companies such as Estes, J.B. Hunt, FedEx, and Schneider use these roads with regularity.  When you combine fact moving commercial trucks and passenger vehicles, you unfortunately get serious collisions causing wrongful deaths.

Here at the Mark Caruso, our experienced Albuquerque wrongful death accident attorneys know that New Mexico trucking accidents can destroy an entire family.  We have handled many of these types of cases and help take the burden off the victim’s family and onto our shoulders so the family can heal.  We zealously represent and protect the rights of the deceased loved one while ensuring the family is compensated for their loss.  Call us today for a FREE consultation to learn how we can help fight for your rights by dialing (505) 407-0458.  We will work with your family to make sure the loss of your loved one is properly venerated.

What is the Statute of Limitations?

The statute of limitations is a concept throughout the United States and it is very important to know what it is and how it works.  The statute of limitations is essentially a time limit on your lawsuit or claim.  You must bring your claim or lawsuit within the statute of limitations period.  If you fail to commence your claim or lawsuit within the statute of limitations period, it is forever barred.

Every claim as a statute of limitations period, and each state may have a different statute of limitations for each claim.  These are very important timeframes to know and follow because a failure to comply will cull even the best trucking accident cases.  While there are some tolls to the statute of limitations, such as infancy or incompetency, best practices are to never rely on these tolls.

New Mexico Wrongful Death Statute of Limitations

The statute of limitations is not something to miss, especially when a loved one has been killed due to the negligence of another on an interstate trucking accident.  Under NM Stat 41-2-2, every New Mexico wrongful death case must be brought within three years after the cause of action accrues.  The cause of action in a wrongful death case accrues as of the date of death.

This means that you must commence a wrongful death action against all possible defendants who may be liable for your loved one’s death within three years of your loved one passing away.  While three years sounds like a long time, when that time encompasses the pain and healing that needs to occur, the three years will go by very quickly.  You will need to immediately begin to work with your experienced Albuquerque wrongful death accident attorney to ensure your case is properly and immediately brought.

Albuquerque Wrongful Death Cases Caused by Interstate Trucking Accidents

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Mark Caruso today by dialing (505) 407-0458 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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