When you’ve been injured due to someone else’s negligence, seeking justice and compensation is paramount. However, the legal landscape is governed by specific timelines that you must adhere to, known as statutes of limitations.
In New Mexico, these statutes dictate how long you have to file a personal injury lawsuit. Knowing these deadlines can make or break your case, so it’s crucial to understand them thoroughly.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Once this time period expires, you typically lose your right to file a lawsuit, regardless of the merits of your case.
In New Mexico, the statute of limitations for most personal injury claims is three years from the date of the injury. This rule is codified in NMSA 1978, Section 37-1-8. Missing this deadline could result in your case being dismissed outright.
Exceptions and Special Cases
Athough there are strict deadlines for filing personal injury claims in New Mexico, there are exceptions and special cases that are exempt from this rule.
Medical Malpractice Discovery Rule
One notable exception to the standard three-year limit is the discovery rule. If you were not immediately aware of your injury or the harm was not apparent right away, the clock starts ticking when you discover, or reasonably should have discovered, the injury. This is particularly relevant in cases involving medical malpractice or latent injuries that manifest symptoms later.
Minors and Incapacitated Persons
Special rules apply if the injured party is a minor or mentally incapacitated. In general, if the injured party is a minor, the statute of limitations is “tolled” (paused) until they reach the age of 18. Once they turn 18, they have three years to file a lawsuit. Similarly, if someone is mentally incapacitated, the statute of limitations may be tolled until they regain mental capacity.
Claims Against Government Entities
If your personal injury claim is against a government entity, different rules apply. According to the New Mexico Tort Claims Act, you must provide notice of your claim within 90 days of the incident. Furthermore, you have just two years from the date of the injury to file the lawsuit. Failure to meet these tighter deadlines is almost certain to result in dismissal of your claim.
Medical Malpractice Claims
For medical malpractice claims, New Mexico law generally provides a three-year statute of limitations from the date of the malpractice act. However, discovery rule exceptions can apply here as well, particularly in cases where the malpractice could not have been detected within that time frame.
Steps You Should Take After Suffering a Persoanl Injury
According to the Albuquerque injury lawyers at the Fine Law Firm, you should take the following steps to ensure you can file a personal injury claim within the deadline:
Gather Evidence
From the moment you realize you’ve suffered an injury, start gathering all relevant evidence. This includes medical records, witness statements, photographs, and any other documentation that can support your case. Time can erode the quality of evidence, so prompt action is essential.
File Promptly
Procrastination can be your worst enemy when it comes to legal matters. Even though you may have up to three years to file a personal injury lawsuit in New Mexico, it’s advisable to initiate the process as soon as possible. This not only preserves evidence but also helps ensure that the memories of witnesses remain fresh.
Understanding the statutes of limitations for personal injury cases in New Mexico is crucial for securing the compensation you deserve. Whether it’s the standard three-year limit, the discovery rule, or special timelines for cases involving minors, incapacitated persons, or government entities, knowing these deadlines can significantly impact your ability to file a successful lawsuit.