In New Mexico, the statute of limitations on a personal injury claim is generally three years from the date of injury. However, some cases come with different filing time limits, such as government claims (two years) and property damage claims (four years). You should always contact a personal injury lawyer in New Mexico as soon as possible to avoid missing your filing deadline.
General Personal Injury Cases: Three Years
Every state has statutes of limitations, or laws that govern how much time a person has to take legal action. New Mexico Statutes Annotated §37-1-8 gives most plaintiffs three years from the date of the accident or injury to file a claim “for an injury to the person or reputation of any person.”
This statute of limitations applies to personal injury cases such as car accidents, slip and falls, medical malpractice, dog attacks, and work accidents. The clock on the statute of limitations starts ticking on the date of the harmful accident, with some exceptions in cases involving delayed injury discovery.
Property Damage Claims: Four Years
If an accident damages the victim’s property, a claim for financial compensation for this type of loss comes with a different deadline of four years. The property owner can seek damages for property damage repairs or replacement only within four years of the date that the damage occurred.
Claims Against the Government: Two Years (90-Day Notice)
Under the New Mexico Tort Claims Act, injury cases brought against government entities have unique filing deadlines. First, an initial Notice of Claim must be filed with the agency within just 90 days of the accident. Then, the plaintiff has two years to file a lawsuit against the government agency. These deadlines apply to any case against the state or municipal government.
Common Exceptions to the Statute of Limitations
In limited circumstances, New Mexico law may alter the statute of limitations on a claim to extend or shorten the filing deadline. Exceptions to the general rules include:
- Discovery rule: the statute of limitations is tolled until the date that the victim discovers or reasonably should have discovered the injury, if it was not immediately apparent
- Injured minor: the clock is paused until the victim turns 18. If the victim is a child under the age of 7, a claim can be filed until the child’s 9th birthday, even if this is longer than two years from the date of the accident.
- Incapacitation: if the accident victim is mentally incapacitated and cannot file a claim right away, the statute of limitations may be tolled until the incapacity is lifted.
- Wrongful death: the clock starts counting down on the date of the deceased person’s death rather than the date of the accident, if the two differ.
There are specific circumstances where the clock may be “tolled,” or paused. There are also situations where the statute of limitations may be shorter than usual. This is why it’s important to contact an attorney without delay.
What Happens if You Miss Your Statute of Limitations
If you miss your statute of limitations, your personal injury case will most likely not be allowed to proceed. The defendant will ask the New Mexico courts to dismiss your case, and you will permanently lose the right to recover financial compensation, with rare exceptions. You should always seek counsel from a personal injury lawyer as soon as possible to get started on your claim before any important deadlines pass.