You have three years from the date of an accident to file a personal injury case in New Mexico. If you’re dealing with serious injuries, deadlines are probably the last thing on your mind, but missing them can cost you your entire claim.
Depending on the circumstances of your case, such as whether you are pursuing a case against a government entity, these deadlines may be subject to change or exceptions, so it’s essential to fully understand them. This way, you can pursue your case without risking losing the chance at compensation or missing a crucial cutoff point for your claim.
Key Takeaways
- The statute of limitations for personal injury cases is three years, starting from the date of the incident.
- In most cases, there is no way to revive your case if the statute of limitations has expired in New Mexico, even if you have strong evidence.
There are very limited exceptions to the statute of limitations in New Mexico.
Time Limits for Personal Injury Cases in New Mexico
New Mexico has complicated statute of limitations laws, with different deadlines depending on your case and the claims you’re pursuing. These deadlines are:
- General personal injury: Three years to file from the date of the accident.
- Government entity: Two years to file from the date of the accident, and you must file a notice of claim within 90 days of the accident.
- Medical malpractice: Three years to file from the date of the act of malpractice.
- Wrongful death: Three years from the date of death caused by injuries.
Because these rules can get complicated quickly—especially in cases involving government entities or multiple claims—it is important to talk with a New Mexico personal injury attorney as soon as possible after an accident. Our New Mexico team at Olson Personal Injury Lawyers can review your situation and help you understand which deadline applies to your case.
When Does the Statute of Limitations Start in New Mexico?
The statute of limitations for personal injury cases starts on the date of the incident. For instance, if a car accident happens on November 7, 2023, the deadline to file a personal injury lawsuit is November 7, 2026.
This three-year statute of limitations applies to car accident injuries, slip and fall accidents, or if a product you are using causes an injury, such as a defective auto part or a defective beauty product.
In some personal injury and medical malpractice cases, New Mexico applies a ‘discovery rule,’ which means the statute of limitations may begin to run from the date the injury is discovered or reasonably should have been discovered, rather than the date of the accident or malpractice. For example, if a surgery leaves an object inside a patient and they do not develop symptoms until after the normal three-year limit, their filing period may start when they first notice symptoms and a doctor connects those symptoms to the foreign object.
It can be challenging to identify the start date of your statute of limitations if injuries were not immediately apparent or if you didn’t initially experience any health issues. If you believe you have a case but the statute of limitations has passed, it’s still worth consulting an attorney, as there might be an exception or discovery rule that applies. If you suffered a delayed injury, speaking with an attorney can help you determine the precise deadline for your statute of limitations.
Exceptions to New Mexico's Statute of Limitations
There are very limited exceptions to the statute of limitations in New Mexico, but some do exist. It’s important to understand how these limited exceptions might apply, as they can be critical when it comes to the viability of your specific claim.
Cases Involving Minors
If an injured person is under 18 at the time of the accident, New Mexico law generally pauses, or “tolls,” the statute of limitations while they are a minor. In many cases, the clock starts when the child turns 18, and they then have a limited amount of time to file a lawsuit under N.M. Stat. § 37-1-10. Because calculating these timelines can be complicated, especially when other exceptions apply, it is important to talk with an attorney about the specific deadlines in a minor’s case.
Mental Incapacity
If an injured person is mentally incapacitated—such as if they are in a coma or have been declared legally insane—the statute of limitations may be tolled until that incapacity ends. Once the person regains capacity, the clock begins to run again, and they will have a limited time to bring their claim. As with minors, New Mexico’s rules for tolling due to incapacity are technical, so it is important to consult an attorney about the exact deadlines.
Discovery Rule
The discovery rule is crucial in cases of medical malpractice, product liability, and personal injuries caused by asbestos or mold. In these situations, the harm may have occurred years before symptoms of the injuries appeared. When the discovery rule applies, the statute of limitations starts from the date you discover the injury or become aware of it. For example, if you start experiencing health issues six years after a medical implant, but your doctor confirms that your symptoms are related to the implant, the limitations period begins on the date your doctor informed you.
However, the discovery rule does not apply to every type of case, and other statutes—like statutes of repose—can limit how long you have, even with delayed discovery.
Defendant Leaves the State
Exceptions to the statute of limitations are very rare if the defendant leaves the state after the accident. If the defendant has been absent from New Mexico for a long time and you were unable to pursue a lawsuit due to this, their absence during that period may not count towards the statute of limitations. This situation is uncommon and can be complicated, but if you think an absent defendant may have affected your timeline, bring this up early with your attorney so they can investigate.
Special Rules for Medical Malpractice
Due to the Qualified Healthcare Provider Act, certain medical providers who meet specific requirements are protected by a statute of repose. In many cases involving these qualified health care providers, patients have three years from the date of the malpractice to file suit—regardless of when they discover their injuries. This can make medical malpractice cases especially time-sensitive, even when symptoms do not appear until much later.
If you suspect medical negligence, our New Mexico medical malpractice lawyers can review your records and help you understand how these special rules apply.
The Importance of Filing Your New Mexico Personal Injury Lawsuit Early
Missing the statute of limitations deadline for your case can have serious consequences. No matter how strong your case is, if you fail to file on time, you may lose your right to claim compensation entirely. The consequences of missing the deadline include:
- The court will dismiss your case
- Losing your right to compensation
- Insurance companies can outright deny your claim
New Mexico is very strict about these deadlines, and in most cases, there is no way to revive your case if the statute of limitations has expired, even if you have strong evidence. Even if your case is close to the three-year limit, it’s best to contact an attorney as soon as possible so they can start building your case before the statute of limitations expires.
Acting quickly will only help your case. Some benefits of doing so include:
- Preserving evidence before it disappears or degrades
- Talking to witnesses before they forget details or move away
- Accessing medical records before their retention period ends
- Giving your attorney time to build a solid case
- Preventing insurance companies from using delay tactics to try to push your claim past the deadline
- Reducing the risk of filing errors
Discover the Benefits Of Working With the Experienced Team at Olson Personal Injury Lawyers
Get Help with Your New Mexico Personal Injury Case Today
The law can be very confusing, and it can be hard to handle on your own, especially if you’re injured. At Olson Personal Injury Lawyers, your case is personal to us. We’re here to help protect your rights and guide you through New Mexico’s deadlines and legal process from start to finish.
Contact our team today for a free consultation or call (505) 391-8978. One of our experienced New Mexico personal injury attorneys can help you understand your rights and build a strong case on your behalf, so you can get the compensation you deserve.
