If you have suffered a personal injury due to someone’s negligence in New Mexico, you may be concerned about your legal options. One essential factor to consider is the statute of limitations, which outlines the timeframe you have to file a personal injury lawsuit.
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What Is a Statute of Limitations?
A statute of limitations refers to a deadline for filing a lawsuit. It is a state law that governs the amount of time a person has to file a lawsuit for a particular type of legal claim. In other words, you must file your lawsuit before the statute of limitations for your situation expires.
The Statute of Limitations for Personal Injury in New Mexico
In New Mexico, the statute of limitations for personal injury cases is three years, starting from the date of the injury. This means you have three years to file a lawsuit against the person or entity responsible for your injury.
Exceptions to the General Rule
Some situations may cause the statute of limitations to vary. It is usually the responsibility of your lawyer to identify such exceptions and act accordingly. Exceptions can include:
Delayed Discovery
If you did not discover your injury until after the accident, the statute of limitations can be extended. The time limit for filing the case starts from the date when you discovered your injury, not from the date of the accident.
Minors and the Mentally Disabled
In New Mexico, minors and the mentally disabled have a different statute of limitations. These groups of people have up to three years after their 18th birthday or the date they were declared sane to file a lawsuit.
Government Defendants
When a government entity causes injuries, there are specific protocols for filing a lawsuit, with notices to the government agency involved. These regulations can vary, and it’s best to speak to an experienced attorney if you are considering filing a lawsuit against the government.
Medical Procedure Injuries
When a medical procedure causes injuries, there may be a separate statute of limitations. This limitation outlines the amount of time you have to file a medical malpractice lawsuit.
Why Statutes of Limitation Exist
Statutes of limitations exist to encourage plaintiffs to file their case within a reasonable time and to ensure the evidence presented in the case is precise and reliable. Additionally, statutes of limitations help to prevent the overburdening of courts by ensuring that older cases do not take up court resources.
Hiring a Personal Injury Lawyer
Navigating personal injury law can be challenging without the help of an experienced attorney. Hiring a personal injury attorney will ensure you have a well-prepared case and that you follow all the legal procedures necessary to win your case.
An experienced attorney will also be familiar with the statute of limitations and any exceptions that may apply to your case. They can use this knowledge to help you file a successful lawsuit.
Conclusion
If you have suffered a personal injury in New Mexico, you have three years to file a lawsuit. It is crucial to speak to an attorney as soon as possible to ensure you do not miss the statute of limitations deadline. With the help of a personal injury lawyer, you can receive the compensation you deserve.