Know your statute of limitations in New Mexico.
“I think this is good law. At some point in time, we have to say
to defendants that if the statute of limitations has run out, it’s
between you and your maker—or your conscience.” – Darrell Dunham
If you follow the news or watch crime TV, you’ve probably heard the
term statute of limitations, or laws that restrict the period of time
in which a person can
file a lawsuit.
You may not realize that statutes of limitation apply to both civil and
criminal courts. In other words, you cannot threaten a lawsuit against
a company or individual for decades; eventually you must file a lawsuit
or lose the right to do so.
Statute of Limitations in New Mexico – Personal Injury
In New Mexico, the statute of limitations on
personal injury cases is three years. File a lawsuit more than three years after the date of
the injury, and your case will automatically be dismissed by the court.
Of course, there are always exceptions to the rule. Let’s say you
were injured in an accident involving an uninsured motorist. In that case,
you have six years to file a suit for uninsured motorist coverage against
your own insurance.
There are also exceptions when filing against a public entity. If it is
a state actor, such as a city vehicle, you only have 90 days to file a
tort claim. Additionally, when filing suit against the state, you must
do so within 2 years.
Other Statutes of Limitations
Of course, personal injury is not the only
type of civil case covered by statutes of limitations in New Mexico. Some other statutes
- Libel/Slander/Defamation – 3 years
- Medical malpractice – 3 years
- Product liability – 3 years
- Professional malpractice – 3 years
Wrongful death – 3 years
All in all, it’s important to consult with a personal injury lawyer
right away so that you understand what the statute of limitations is in
your unique case. Call
Berenson & Associates at (505) 243-4400 for a
free consultation to discuss your personal injury case.