In New Mexico, the law gives plaintiffs three years to file wrongful death claims. Losing a loved one is an extremely traumatic event. While it can be hard to think about initiating a legal claim to hold someone accountable, your family only has a limited amount of time to seek justice and financial compensation through a wrongful death claim in New Mexico.
What Is the Statute of Limitations on a New Mexico Wrongful Death Claim?
A statute of limitations is a law that imposes a strict time limit on the right and ability to initiate a legal cause of action. New Mexico has statutes of limitations for both criminal and civil cases. In criminal law, they limit how long prosecutors can wait after a crime to arrest a suspect. In civil law, they limit the amount of time a plaintiff or filing party has to initiate a personal injury or wrongful death claim.
The statute of limitations on a wrongful death claim according to New Mexico Statutes Annotated 41-2-2, is three years after the cause of action accrues. This means three years from the date of death, which may or may not differ from the date of the harmful incident that inflicted the fatal injury or illness.
If a wrongful death claim is not initiated within the window of time dictated by the statute of limitations, the plaintiff will most likely lose the right to file. Statutes of limitations are in place to ensure that both parties are treated justly; they prevent a plaintiff from holding the threat of a lawsuit over the defendant’s head indefinitely.
Are There Exceptions to the Rule?
The courts in New Mexico adhere strictly to the wrongful death statute of limitations. With only rare exceptions, the courts will not hear a wrongful death claim that is brought outside of its filing time limit. The defendant(s) involved in the case can use the expired statute of limitations as a defense against liability.
However, there are limited situations where a plaintiff may have more or less time to file than the typical three-year time limit. If the wrongful death claim involves a government entity, for example, the New Mexico Tort Claims Act requires a written notice of the claim to be filed within just six months of the date of death.
A plaintiff may have longer than three years to file if the cause of death is not determined immediately. If the family of a deceased patient does not discover medical malpractice right away, for instance, the courts may apply a “discovery rule” exception that tolls or pauses the statute of limitations until the date of reasonable discovery. Delayed discovery due to a defendant’s fraud, misrepresentation or concealment could also extend the deadline.
Why You Shouldn’t Wait to File a Wrongful Death Claim in New Mexico
It is always in a family’s best interests to speak to an attorney about a possible wrongful death claim in New Mexico as soon as possible. This is important not only to ensure timely filing and prevent missing the statute of limitations, but also for the strength of the case.
The longer the plaintiff waits, the more likely it is that certain types of evidence will no longer be available or credible. Eyewitnesses may no longer be able to remember the event clearly enough to give reliable testimony, for example, or important footage or data may be deleted. Don’t wait to pursue a wrongful death claim in New Mexico. Contact the Albuquerque wrongful death attorneys at the Fine Law Firm without delay to discuss your case.