Time Limits in New Mexico Car Accidents

While you may have the right to pursue compensation after a car accident in New Mexico, you’ll have a limited amount of time to assert your legal rights. New Mexico has laws known as statutes of limitations that provide guidelines for when certain types of legal claims must be filed. The statute of limitations can vary, depending on the specific circumstances of each case.

If you miss the filing deadline for your car accident case, you’ll lose the right to seek compensation from an insurance company or another liable party. That's why having an experienced Albuquerque motor vehicle accident lawyer by your side is essential.

How Long Do I Have to File a Claim If I Get Hurt in a New Mexico Car Accident?

Pursuant to N.M. Stat. § 37-1-8, a three-year statute of limitations applies to most car accident lawsuits in the state of New Mexico. This will give you until the third anniversary of your collision to formally seek benefits from the at-fault party’s insurance company or file a personal injury lawsuit for damages.

There are times when the statute of limitations might differ:

• Government tort claim: two years from the date of your New Mexico car accident

• Property damage: four years from the date your vehicle or other property is damaged in a wreck

• Workers’ compensation: one year from the date you’re injured in a work-related car accident

In some situations, the statute of limitations can be paused (tolled) until a later date. This is most often the case when a child is hurt in a New Mexico car accident. If a parent or guardian doesn’t file a claim on their behalf, the child can have three years from the date of the accident or until their 19th birthday, whichever provides more time.

How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal New Mexico Crash?

The same three-year statute of limitations applies to matters of wrongful death in Albuquerque. However, the point at which the statute of limitations begins to run might be different.

You must file a claim for wrongful death within three years of a victim’s death, which may or may not be the same date as the accident that inflicted their fatal injuries. 

Missing the statute of limitations that applies to your New Mexico car accident case cannot be an option. If you do, you’ll lose the ability to recover compensation needed to cover your medical expenses, loss of income, and related suffering. Protect your rights and increase the likelihood of a maximum financial recovery by calling the award-winning litigators at Singleton Schreiber after a wreck.

Our New Mexico car accident lawyers have helped clients win over $2.5 Billion in monetary awards. Now, we’re here to help you assert your legal rights, navigate a complex personal injury case, and fight for the life-changing compensation you deserve.

Call one of our New Mexico law offices - located in Albuquerque, Clovis, Hobbs, Las Vegas, Los Lunas, Mora, and Ruidoso - to set a time for your free case evaluation now.