Skip to Content
Top
Hobbs, NM

New Mexico Statute of Limitations

When you have been involved in an accident caused by someone else’s negligent actions, holding them accountable is a top priority if you hope to recover the compensation you are entitled to. However, there are specific deadlines in place that you must meet if you hope to pursue your case further.

The New Mexico statute of limitations could make or break the outcome of your case. Make sure you have an experienced New Mexico personal injury attorney working for you to ensure your claim is filed before time runs out.

Schedule a free consultation - no fees unless we win or settle your case (830) 264-6297

Contact Us for Your Consultation

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
The Kemmy Difference

We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client. 

What is the Statute of Limitations?

The statute of limitations is a law that sets the maximum amount of time someone has to file a claim or take legal action against someone else. In civil suits, the statute of limitations determines how much time an injury victim has to file a lawsuit against the at-fault party. Unfortunately, when this time runs out, injury victims cannot move forward with civil action if their claim has not been filed.

You might be surprised to learn there are statutes of limitations for various cases, including:

  • Contracts, which have a statute of limitations of up to six years
  • Fraud cases, which have a statute of limitations of up to four years
  • Personal property civil claims, which have a statute of limitations of up to four years
  • Medical malpractice claims, which have a statute of limitations of up to three years
  • Slander or libel claims, which have a statute of limitations of up to three years
  • Judgments, which have a 14-year statute of limitations

Even if you were to get a sympathetic judge on your side, if the action has not been filed within the court system before the statute of limitations has passed, you would be barred from moving forward with your claim.

Thankfully, you can avoid hassles with the statute of limitations in New Mexico by having your personal injury attorney start your case immediately after the accident.

  • $20 MILLION Oil and gas case involving significant economic harm
  • $13.5 MILLION
    Jury Verdict
    Patient paralyzed after nurses failed to tell a doctor about a change in condition
  • $8 MILLION Young college student suffers brain injury from negligent conduct
  • $7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
  • $6.2 MILLION
    Jury Verdict
    Marine veteran suffers catastrophic harm after a dangerous fall
  • $6 MILLION Children who were abused by an employee of a company that was entrusted with the care of children

Is the Time Limit Different for Claims Against the Government?

Claims against the government can be particularly complex. The statute of limitations for personal injury claims will not apply when filing a civil claim against a government agency or authority.

Typically, you only have a maximum of 90 days to get your claim filed under the New Mexico Tort Claims Act when you are filing a lawsuit against a negligent government agency or employee. However, specific provisions in place may shorten or lengthen the amount of time you have to get your claim filed.

Unfortunately, just like traditional claims against negligent parties, if your personal injury lawsuit or property damages claim is not filed against the government before the specific deadline has passed, you will no longer have the right to be awarded compensation for your losses at trial.

However, since many claims against government agencies can be significantly more complex than other types of personal injury claims, it is imperative to get an experienced attorney to help ensure the government does not attempt to take advantage of New Mexico’s sovereign immunity laws.

We Know the Stakes The Kemmy Experience

All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.

When Does the Time Limit Begin?

One of the biggest mistakes people make after an accident is failing to file a claim with enough time to spare. Generally, the statute of limitations for personal injury claims begins from the date of the incident.

However, if you were not aware of the injury at the time of the accident, the statute of limitations may not begin until the day you learn of or should have known your injuries were caused by someone else’s negligence.

Of course, this can create a lot of confusion surrounding when the time limit will be good for your case. To clear up any of your concerns and protect your compensation, having a personal injury attorney handling the legal details of your case will be of utmost importance.

Are There Exceptions to the Statute of Limitations?

There are multiple exceptions to the statute of limitations, which could positively or negatively impact your case.

For example, if you are filing an insurance claim instead of a civil lawsuit after an accident or injury, the statute of limitations for your claim might be as few as 30 days as opposed to three years. Insurance companies can bar you from being awarded the compensation you are entitled to if your claim is not filed before their deadline.

In other cases, you might have additional time to file your personal injury claim if the statute of limitations has passed. This can typically occur when children suffer injuries, or the injured individuals are currently incapacitated.

Generally, once a minor reaches the age of 18 or regains their mental capacity, the statute of limitations will begin again and provide the injury victim with an additional period of one year to get their claim filed before the statute of limitations expires.

Get Help From a New Mexico Personal Injury Attorney Today

With only a maximum of three years to pursue your personal injury claim before the statute of limitations runs out, you must start working on your claim as soon as possible.

Reach out to a reputable New Mexico personal injury lawyer at Kemmy Law Firm for a no-cost, risk-free consultation today. 

You can get started on your case by completing our quick contact form or calling our office at (830) 264-6297.

  • "You could not hire a better attorneys than the Kemmy's."

    My husband was involved in an industrial accident & we hired the Kemmy law firm to represent him with that case. You could not hire a better attorneys than the Kemmy's. They went above & beyond to help him get what he deserved. If you are searching for a lawyer in Texas you need to hire them!!!

    - Colleen B.
  • "Very easy to talk to, sincerely cared about my situation."
    I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!
    - Holly O.
  • "They were so patient and explained everything in detail."

    Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.

    - Dora M.
  • "Nick was very open and transparent."

    Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.

    - Richard G.
  • "Showed a deep understanding of my personal situation and demonstrated empathy."

    Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .

    - Jim P.
  • "Not only were they my lawyers they became like family."
    I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm
    - Jeremiah L.
  • "I wholeheartedly endorse Kemmy Law without reservation."
    Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.
    - Jerry G.
  • "I would recommend the Kemmy Law Firm 100 times out of 100."

    We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.

    - Iaz P.

    Let Our Family Protect Yours

    When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience.

    • Please enter your first name.
    • Please enter your last name.
    • Please enter your phone number.
      This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.
    • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy