New Mexico Personal Injury Statute of Limitations (2024 Updated)

As a New Mexico resident, it’s important that you are familiar with the New Mexico personal injury statute of limitations. While no one expects to be involved in an accident that leads to a personal injury, it’s always a good idea to remain aware of your potential legal options. For further help with exploring these options, you should engage an experienced personal injury attorney.

How the Statute of Limitations Works?

The statute of limitations mandates how much time you have to file a claim for compensation relating to personal injuries caused by another party’s negligence. If you fail to file a claim in time, you may lose your legal right to pursue compensation. The timeline to file a claim is three years from the date of the accident. There are some exceptions to this rule, but they are few and narrow.

If you attempt to file a claim after the deadline has passed, the opposing party may easily dismiss your case by using the statute of limitations clause. The opposing party will likely not even negotiate with you. Without the ability to enforce your claim, you have no leverage or bargaining power. You need to speak with a personal injury attorney as soon as possible about your case to avoid this dilemma.

How to Satisfy the Statute of Limitations in New Mexico

To ensure that you meet the statute of limitations, there are three main tasks that must be completed before the three-year deadline.

• File a formal complaint. An attorney can help you draft the complaint to ensure that it meets all legal requirements and is appropriately filed.
• Pay the court filing fee. The attorney will likely advance this fee and deduct it from the settlement amount. Several attorneys work on a contingency basis, so you may not have to pay this fee if your case isn’t successful.
• Deliver the complaint and court summons to the defendant. This is considered the service of process. If done in person, you must elect a third party to do it for you. This is to avoid any unnecessary violence or conflict.

The Time It Takes to Finalize a Personal Injury Case

The time it takes to complete a personal injury case in New Mexico can vary, as it depends on several different factors. One factor is the number of parties involved. Having multiple parties involved can complicate communications. Also, their willingness and cooperation level could affect the timeline.

Another factor is the severity of the injuries. Personal injury cases are generally not settled until all medical treatment has been completed. This is so the attorney has the full extent of the injuries calculated. If you suffered severe injuries requiring extensive surgeries, that could lengthen the process.

Finally, if your case proceeds to trial, that could add more time to the process. You may be beholden to the schedule and caseload of the specific court you file in.

Personal Injury Statute of Limitations FAQs

Q: What Are the Chances of Winning a Personal Injury Case in New Mexico?

A: The chances of winning a personal injury case in New Mexico depend on the specific details and complexity of the case. Each case is different and will come with its own challenges. The main factors that will determine success are the:

• Amount of evidence presented
• Degree of fault or negligence involved
• Quality of legal representation you have

Evidence is possibly the most important factor. Without evidence, you may not be able to prove fault.

Q: How Do You File a Personal Injury Claim in New Mexico?

A: To file a personal injury claim in New Mexico, you must follow several steps. You should first file a written complaint with the proper district court in your area. There may need to be specific allegations included in the complaint. The complaint should generally identify the:

• Parties involved in the accident
• Time and place of the accident
• Type of injuries suffered
• Amount of compensation you are seeking

An attorney can help you prepare this complaint and appropriately file it.

Q: Who Is at Fault for a Personal Injury Case in New Mexico?

A: New Mexico follows a pure comparative negligence rule. This means that each party’s settlement amount is reduced by their percentage of fault for the accident. For example, if the settlement amount is $100,000 and you were assigned 40% of the fault, you may be entitled to $60,000. This is why it’s important to have an experienced attorney on your side who can accurately determine fault in your case. Each case will have different degrees of fault split between the parties.

Q: Is There a Cap on Damages in New Mexico?

A: Yes, New Mexico does have a cap on damages in personal injury cases. The limit depends on the type of damages sought. For medical expenses, damages are capped at $300,000. Other damages, such as emotional distress or pain and suffering, are limited to $400,000. Additionally, you may not receive punitive damages. There are situations that can cause the cap to vary, and you should discuss yours with an experienced personal injury attorney.

Q: Are There Any Exceptions to the Statute of Limitations?

A: There are some exceptions to the statute of limitations in New Mexico. For instance, there are exceptions for victims who are under the age of 18 and those who are legally disabled or incapacitated. As an example, if a minor (someone under the age of 18) was personally injured, their statute of limitations does not start until they turn 18. If the incident occurred when the victim was 15, they will have six years to file a claim. Physically or mentally impaired victims also have exceptions.

Legal Support at Your Side

At Berenson & Associates, PC, our experienced legal team is here to help you understand the full extent of your legal options. We have helped countless New Mexico residents with their personal injury cases. Our team can review your case and help determine what the appropriate next steps are. Contact us today to see how we can help you. The sooner you contact us, the better; that way, we can start investigating your case. You only have a limited time, so act now.