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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.

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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.

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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.

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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.


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If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019   |   See All Reviews

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.

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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 (432) 400-0000.

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  • Avatar R N ★★★★★ 2 months ago
    Nick was very easy to deal with. Very professional and understood the case very well. I hope to not have to work with him again (because not wanting another injury), but, if I do, I will work with again. Thanks for everything!
  • Avatar Manuel Arteaga ★★★★★ 2 months ago
    We were looking for someone to takeour case and We were unresponsive from some layers, either from well recogniced firms and I'm so grateful for that because since the first day that we spoke with Nick we knew that we will be well … More represented. He was very honest, clear, diligent and communicative thru the process. His work ethics are first class. I put him as a role model for my kids to know How a Profesional Person should be. Words are less of how greatfull we are to count with Him to represent us. Thank you Nick and your Team. Many Blessings!
  • Avatar Cynthia Garza ★★★★★ 9 months ago
    This law firm is professional , diligent and cares about their client. They were
    able to settle our suit at the first round of mediation. We were well informed about the process and knew what to expect.. The staff kept us informed and responded
    … More in a timely fashion to all correspondence .
  • Avatar Stuart Kunkel ★★★★★ 10 months ago
    I should have called Kemmy Law Firm, P.C. first
    For six months I have been dealing with an insurance company that would not reimburse me for a rental car I paid for out of pocket.
    I spoke to 10 different attorneys and nobody could help
    … More me.
    Then I called the Kemmy Law Firm, P.C. during a 15 minute phone call I got a Professional, Direct, Legal consultation that set me on the right course to handle my situation.
    The Kemmy Law Firm, P.C. is Polite, Respectful, and Sincerely Care about You enough to explain the legality of the Law with patience.
  • Avatar Jerry Guillen ★★★★★ 10 months ago
    Tom Kemmy helped me with a case about 20 years ago involving an insurance claim I had issues with and we were able to get the insurance to pay their part. I was very satisfied with Tom’s service. Also throughout the years since Tom has … More referred me and guided me in the right direction for legal questions. He is certainly a great person also because I personally know of him helping a grieving family that suffered the loss of 2 family members and he helped them gracefully. Thanks Tom for all you do.

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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. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.