After an accident, many people assume they have plenty of time to decide whether or not to pursue legal action. Life gets busy, medical treatment can take months, and before long, valuable time has passed. Unfortunately, waiting too long can prevent you from being able to file a claim at all.
In New Mexico, like every state, there are strict legal deadlines that apply to personal injury cases. These deadlines are called statutes of limitations. Understanding how these rules work can help ensure you protect your right to seek compensation.
What Is a Statute of Limitations?
The statute of limitations is a law that sets a specific time limit for filing a lawsuit after an injury occurs. Once that time limit passes, you may lose your right to bring a claim, no matter how valid your case may be.
These deadlines are taken seriously by the courts. Missing them usually means you lose the ability to recover any compensation for your injuries, no matter how severe the accident or how strong your evidence may be.
The Time Limit for Personal Injury Lawsuits in New Mexico
In most personal injury cases in New Mexico, you have three years from the date of the accident to file a lawsuit. This includes cases involving:
Car accidents
Truck accidents
Motorcycle accidents
Slip and fall injuries
Dog bites
Other types of personal injury claims
The clock begins running on the date the injury occurred, not when you first realize the full extent of your injuries. That is why it is so important to speak with a personal injury attorney as soon as possible after an accident.
Exceptions to the Rule
While three years is the standard time limit, there are certain situations where different deadlines may apply.
Medical Malpractice:
Medical malpractice cases often have different filing deadlines and may involve discovery rules that affect when the clock starts.
Wrongful Death:
In wrongful death cases, surviving family members typically have three years from the date of death to file a claim.
Claims Against Government Entities:
If your claim involves a city, county, or state agency, much shorter deadlines may apply. In some cases, you may have as little as 90 days to file a formal notice of your claim. Missing this early deadline can prevent you from filing a lawsuit later.
Because of these exceptions, it is critical to seek legal guidance quickly to avoid losing your right to compensation.
Why Acting Early Helps Your Case
Even though you may technically have up to three years to file, waiting too long can hurt your case in other ways.
Evidence can disappear. Surveillance footage may be deleted, accident scenes may change, and physical evidence may be lost.
Witnesses may forget details. The longer you wait, the harder it becomes to get accurate statements from witnesses.
Insurance companies may become more difficult. Delays can make insurers more skeptical about the seriousness of your claim.
Getting an attorney involved early allows your legal team to investigate while evidence is still fresh and witnesses’ memories are still clear.
Do Not Wait to Protect Your Rights
Many people hesitate to contact an attorney because they feel unsure whether they have a strong case. Some believe that injuries will heal and that legal action may not be necessary. Others hope that insurance companies will handle everything fairly.
Unfortunately, insurance companies often take advantage of these delays. They may stall negotiations, offer low settlements, or deny valid claims outright once the statute of limitations expires.
Speaking with a personal injury attorney right away does not obligate you to file a lawsuit. It simply helps you understand your options, protect your rights, and avoid costly mistakes.
Talk to a New Mexico Personal Injury Attorney Today
If you have been injured in an accident in Roswell or anywhere in New Mexico, do not risk running out of time. The sooner you get legal guidance, the better positioned you will be to receive full and fair compensation for your injuries.
Contact our office today to schedule a free consultation. We are here to help you understand your rights and fight for the compensation you deserve.
