Personal injury New Mexico statute of limitations prevent the filing of a car accident claim after a certain amount of time has passed. If you are involved in an Albuquerque car accident and fail to file a claim before the statute of limitations expires, you will forfeit your ability to obtain compensation from the negligent party. You should promptly contact a local injury attorney about your accident claim well before the statute of limitations expires.
Statute of Limitations Defined
The statute of limitations refers to the time allowed to file the lawsuit with the court. It is not the amount of time available to obtain a judgment or settlement. This “clock” starts running on the day of the incident.
If the defendant is a governmental entity, a notice of claim (NOC ) must go out within 90 days of the accident. They must then file a lawsuit within 2 years of the NOC per New Mexico Statute Annotated sections 41-4-15 and 41-4-16.
For other accident injury claims, New Mexico’s statute of limitations is three years from date of discovery.
If a person does not file a lawsuit with the state’s civil court within these time limits, they may forfeit their right to pursue legal action.
New Mexico’s Statute of Limitations for Wrongful Death Claims
If anyone perishes as a result of the accident, the state also established a statute of limitations of three years for a wrongful death claim.
However, there is a difference between regular personal injuries from an auto accident and a wrongful death claim. The three-year statute of limitations begins on the date of the death rather than the date of the accident. Unfortunately, an Albuquerque family experienced this type of loss this past December.
On December 29, 2017, an Albuquerque man named Steven Deskin zoomed through traffic, allegedly speeding at 100 miles per hour and caused a fatal auto accident at the intersection of Montgomery and Wyoming. Deskin’s vehicle collided with the rear of another automobile idling at a red light. The driver of the idling vehicle passed away while in transport to a nearby hospital. Deskin argues he was traveling at a rate of 40 miles per hour.
If the victim’s family has not secured the services of an attorney to file a wrongful death lawsuit by December 29, 2020, they will not be able to pursue any sort of legal action against Mr. Deskin. If this statute of limitations passes, it will not be possible for the victim’s family to receive financial compensation for their loved one’s lost income, pain and suffering.
If You Have Suffered a Personal Injury New Mexico, Contact our Attorneys Right Away
The clock is ticking on your personal injury stemming from a New Mexico auto accident. Reach out to our Albuquerque attorneys immediately after you receive medical attention. Call 505-544-4444 to speak with one of our legal team members. Our regular office hours are 8:00 a.m. to 5:00 p.m. Also, we will take your call 24 hours a day, 7 days a week. You can also contact us through our web site’s convenient LiveChat. Lastly, don’t wait.