What Is the Statute of Limitations for a Car Accident in New Mexico?
As a general rule, the statute of limitations for a car accident in New Mexico is three years from the date of your injury or family member’s death. Claims against government entities are shorter at two years. If you do not file a claim within this timeframe, then you forgo your legal right to financial compensation.
For specific legal advice about the statute of limitations that apply to your auto accident case, contact a New Mexico car accident lawyer. He or she can advise you as to the specific deadlines that apply to your case.
What Does the Term Statute of Limitations Mean?
The term statute of limitations is a civil court deadline that permits you to file a claim. Every U.S. state has a specific set of rules that it follows according to state codes. They exist to preserve evidence and witness testimony since both may degrade over time.
How Much Time Do I Have to File a Car Accident Claim or Lawsuit?
Car accident injury cases are generally governed by New Mexico personal injury or wrongful death laws. Claims against government entities carry a different timeline, which means that it is crucial to be aware of this caveat as well.
The personal injury statute of limitations that pertain to car accident lawsuits in New Mexico include:
- General personal injury: You have up to three years from the date of your accident injuries to file a claim.
- Wrongful death: Survivors have up to three years from the date of the decedent’s death to file a claim.
- Claims against the government: You have up to two years from the date of your accident injuries to file a claim.
Filing your claim within the prescribed statute of limitations is vital to the outcome of your case. Failing to file your claim within the statute of limitations may prevent you from receiving the justice and compensation that you deserve.
What Happens If I Miss the Statute of Limitations in My Car Accident Claim?
If you miss the statute of limitations in your car accident claim, you are forgoing your right to compensation. Filing a civil court lawsuit or insurance claim will most likely result in a case dismissal or outright denial of your benefits.
You are effectively forfeiting your right to compensation for things like:
- Medical costs
- Lost work wages
- Future lost earnings
- Wrongful death benefits
- And more, as allowable by law
Avoid waiting to contact a New Mexico car accident lawyer just to “see how things go.” It is frustrating and disheartening to see negligent parties get away with their actions based on a legal technicality.
What Can I Do to Make Sure that I Do Not Miss the New Mexico Statute of Limitations?
Depending upon the circumstances of your case, the statute of limitations that apply is not always black-and-white. While the information presented in this blog post gives you a general idea of what to expect, the most practical way to avoid missing the statute of limitations is by speaking with a New Mexico car accident lawyer.
At Grano Law Offices, P.C., I offer clients a free strategy session to help them evaluate the timelines that govern their car accident injury claims in New Mexico. Request your free strategy session by calling 866-96JUSTICE or sending me a message through our secure contact form.