If you sustained debilitating injuries in an accident that was not your fault, you only have a certain amount of time in which to file a personal injury lawsuit. This time limit is called the statute of limitations.
Different kinds of civil lawsuits have different statutes of limitations, and the deadlines vary by state. If you file your claim after the statute of limitations has expired, it is likely that your case will be dismissed, and you could wind up paying for your medical bills and lost income out of your own pocket.
Pursuant to N.M. Stat. § 41-5-13, you have three years to file a medical malpractice claim against a negligent healthcare provider. Additionally, if a child under the age of 6 is the victim of medical malpractice and sustains serious injuries or an illness as a direct result, parents have until the child’s ninth birthday to file a claim.
Pursuant to N.M. Stat. § 37-1-8, individuals also have three years to file a claim against the reckless or negligent party who is liable for any injuries sustained in an accident. This includes car accidents, slip and fall incidents, and other mishaps.
In general, the clock starts when the incident occurs. For example, if you sustained a traumatic brain injury in a car accident, you would typically have three years from the date of the collision to file a lawsuit.
Some injuries are not immediately apparent. In such cases, you have three years from the date that you became aware or should have become aware of the injuries to file a claim. Additionally, if the defendant leaves the state of New Mexico or hides within the state after the claim has arisen, the absence essentially pauses the clock and will not contribute to the three-year time limit.
To discuss your case in a free consultation contact us today. We will help you meet all relevant deadlines and avoid mistakes that could harm your claim.