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What Is the Statute of Limitations in New Mexico?

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    Statute of Limitations in New Mexico

    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 of limitations:

    • 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.

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