New Mexico Statute of Limitations

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.

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.

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.