When an individual is injured in New Mexico as a result of someone else’s negligence, they may be entitled to file a personal injury lawsuit. However, like in any other state, there is a specific timeframe within which the injured party must take legal action. In New Mexico, this timeframe is referred to as the statute of limitations. In this article, we’ll discuss the New Mexico statute of limitations for personal injury cases.
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Statute Of Limitations In New Mexico
The statute of limitations in New Mexico defines the maximum amount of time that an individual has to file a certain type of lawsuit. In personal injury cases, the statute of limitations varies depending on the type of injury case that is being pursued. It is important to understand that if legal action is not taken within this specific timeframe, it may not be possible to file a lawsuit and recover compensation for the injured party’s damages.
Time Limitations On Personal Injury Claims
In New Mexico, the statute of limitations for personal injury cases is typically three years from the date of the injury. This means that if an individual is injured today, they have three years from today to file a personal injury claim in court. However, there are exceptions to this rule that you should be aware of.
Exceptions
There are a few exceptions to the standard three-year statute of limitations for personal injury cases in New Mexico. These exceptions include:
Medical Malpractice Claims
In New Mexico, medical malpractice claims have a shorter time limitation for filing. An individual has only three years from the date of the malpractice or one year from the date of when the malpractice was discovered, whichever comes later, to file a personal injury claim. This limitation also applies to wrongful death claims arising from medical malpractice.
Claims Against Government Entities
If the personal injury claim is against a government entity, the time limit for filing the claim is much shorter than the standard three-year statute of limitations. In New Mexico, individuals have only two years to file a claim against a government entity. It is important to note that before a claim is filed against a government entity, the injured party must file a notice of claim within 90 days of the injury.
Claims Against Minors
If the personal injury claim is against a minor, the standard three-year statute of limitations still applies. However, if the minor was injured prior to their 18th birthday, their statute of limitations does not begin until their 18th birthday.
Why The Statute Of Limitations Exists
The statute of limitations exists in order to protect defendants from having to defend against old claims that may be difficult to prove. As time passes, evidence may be lost or witnesses may no longer be available to testify. For this reason, the law limits the amount of time that an individual who has been injured can bring a claim against an alleged wrongdoer.
Conclusion
In summary, if you have been injured in New Mexico, it is important to be aware of the state’s statute of limitations for personal injury cases. As a general rule, you have three years from the date of the injury to file a claim. However, there are exceptions to this standard, so be sure to consult with an attorney to determine the applicable time limit for your specific case.