If you were injured due to someone else’s negligence, you may be entitled to compensation for your damages. However, New Mexico law limits the amount of time you have to file a lawsuit against the party responsible for your injuries. Understanding these laws and how they can impact your claim is crucial to protecting your rights and taking timely legal action.
What Is the Purpose of a Statute of Limitations?
Every state has laws that set limits on how long someone has to take certain types of legal actions. These laws can apply to criminal cases and civil cases, including motor vehicle accident lawsuits. These laws are known as statutes of limitations.
A statute of limitations dictates how long you have to file your lawsuit. Lawmakers establish these laws so that cases are filed in a timely manner when witnesses’ memories are more reliable and evidence is fresher. These laws also provide certainty as they prevent cases from being filed well after an incident, so defendants do not have to worry forever about whether they’ll be sued.
Legal Effect of the Statute of Limitations
Statutes of limitations have harsh consequences. If you file a lawsuit after the statute of limitations has expired, the defendant can ask the court to dismiss your case as untimely. The court can do so, thereby eliminating your possibility of recovering compensation through the courts and serving as a permanent bar to any further legal action.
Statutes of Limitations in New Mexico Injury Cases
Under N.M. Stat. § 37-1-8, most injury lawsuits are subject to a three-year statute of limitations in New Mexico. The statute of limitations begins on the date of the accident, giving most claimants until the third anniversary of the accident to file a lawsuit. If the claim is against the government – such as if someone driving a government vehicle hit you – you have two years from the accident date to file a lawsuit under NMSA § 41-4-15. You must also provide notice to the government agency within 90 days of the incident under New Mexico law.
Exceptions to the Statute of Limitations
While most car accident claims must be filed within three years, exceptions exist. For example, if the victim was a minor, the statute of limitations is “tolled” or paused until they become an adult. The law gives them a year from turning 18 to file a lawsuit. If the victim was incapacitated, the statute of limitations is tolled during their incapacity. For example, if a victim was in a coma after the accident, the time limit would not start ticking down until after they regained consciousness. The amount of time you have to file a lawsuit is based on the specifics of your case and the type of case you are filing. An experienced car accident lawyer can discuss your legal options during a free case review.
Contact Our New Mexico Injury Lawyers Today
If you were injured in a car accident, an experienced car accident lawyer from Caruso Law Offices can investigate your case, gather evidence of culpability, and prepare your claim in a timely manner. Call us at (505) 883-5000 or schedule a free consultation today.