
What is the Statute of Limitations for Personal Injury in New Mexico?
January 23, 2025
Many personal injury cases revolve around negligence as the factor that caused or led to the injury in question. While many states have different types of negligence laws as they pertain to personal injury cases, all of them have some form of comparative fault (which allows juries to allocate responsibility based on the circumstances surrounding the action that led to the injury), other states use comparative negligence as a way to determine who is at fault.
New Mexico is known as a Pure Comparative Negligence state. When it comes to negligence claims in New Mexico, fault and liability are considered by percentages based on unique circumstances of the event that caused the injury and the parties involved. For example, if you were in a car accident in Albuquerque, the liability for the accident may be split, where you are 20% at fault for the accident and the other driver is 80% at fault for the accident. This can affect your injury claim, depending on how you’re represented.
In This Article:
How Long Do You Have to Sue Someone in New Mexico?
The statute of limitations for personal injury claims in New Mexico is three years. In most cases, you have three years from the date of the injury to file a claim, but if the injury presents itself after event occurred, you can file a claim within three years of the injury presenting itself.
Additionally, in cases of product liability claims (e.g. if you’ve been injured by a defective product), where the injury doesn’t present itself until years later, you have three years from the time the your injury presents itself or three years when you should reasonably know that you have been injured by the product.
Can I Sue for an Old Injury in New Mexico?
If you sustained an injury more than three years ago, and you knew about that injury for over three years, the New Mexico statute of limitations for personal injury states that you cannot file a claim. However, if new information or a new injury comes to light that is directly associated with the event of your original injury, you may have a personal injury case, but you must file your claim within three years of the new injury diagnosis.
You may also file a claim for an injury that is more than three years old if you weren’t diagnosed or didn’t know that you had said injury.
When Should I File a Claim If I was Injured in New Mexico?
If you’ve been injured due to someone else’s negligence, it’s essential to file a claim as soon as possible. The sooner you file a claim, the easier it will be to collect evidence and witness statements to make your case clear.
However, if you don’t notice an injury right away, it’s still in your best interest to document everything that happened leading up to the event. For example, if you had a slip and fall accident at a local fast food restaurant, but you don’t feel injured in any way, take the time to take pictures of the area where you fell, and write down exactly what happened and email it to yourself. This will help you remember the smaller details, should an injury present itself in the years to come. Additionally, see if witnesses in the area will give you their contact information, in case you need to call on them to support your claim down the road.
Even if you don’t go to a doctor after an event that could have caused an injury, mention the event to your primary care physician and list any potential symptoms that may have been caused by the event. Having this documentation can help you file a claim should the injury present itself after the New Mexico statute of limitations is up.
Do I Need a Personal Injury Lawyer in New Mexico?
While you may be able to file your personal injury claim on your own, a personal injury lawyer can help you navigate the New Mexico legal system, as well as collect evidence, conduct an investigation, and negotiate with big insurance companies that may try to settle for a much smaller amount than you deserve. That’s why it’s so important to find a personal injury lawyer near you to help you file your claim.
If you’re looking for a personal injury lawyer to help you get the maximum amount for your injury claim, Ron Bell Injury Lawyers is ready to take your call. The team of professional personal injury attorneys fights for the rights of personal injury victims to ensure they get the compensation they deserve. Call us today to get your free case evaluation.