Understanding New Mexico’s Statute of Limitations For Car a Accident
New Mexico’s statute of limitations for car accidents prevents the filing of an accident claim after a certain amount of time has passed. You will lose your ability to collect compensation from the negligent party if you or a loved one have been involved in a car accident in Albuquerque and fail to file a claim before the statute of limitations expires. It’s critical that you contact a New Mexico personal injury attorney as soon as possible about your accident. Your deadline to file a car accident claim may be different, however, depending on the type of lawsuit:
- If you’re filing a wrongful death claim, you will have exactly three years from the date of your loved one’s death.
- For a property damage-only lawsuit, you have four years from the date of the crash to file a claim in New Mexico.
- In a case against the government in New Mexico, the time limit is two years of the date of injury.
Time Limits for Filing a Claim
The New Mexico statute of limitations for car accidents is three years from the date of the accident. If you fail to file your claim within three years, you will likely lose the opportunity to receive compensation. Three years may seem like a long time. However, it’s never recommended to wait to file a claim until the last minute. Many things can occur that can damage your accident claim. For example, evidence can be lost and memories fade. You should contact an Albuquerque car accident attorney and get started on your claim as soon as possible.
What Happens If You Miss Your Timeline?
It’s crucial to file your car accident claim in New Mexico by the designated time limit. If you wait too long and the statute of limitations expires, the person or party you are trying to hold accountable can use this as a defense. New Mexico courts will refuse to hear a claim that is brought past this deadline. Without an exception, your claim will be time-barred. This means you will not be able to receive compensation in New Mexico.
Are There Any Exceptions to the Statute of Limitations?
Although they are uncommon, there are some exceptions to the New Mexico statute of limitations for car accidents. These exceptions typically apply to victims who are legally incapacitated at the time of the accident. The incapacitation can be due to mental disability or because the victim was a minor when the accident occurred. The statute of limitations will not begin until you turn 18 if you were a child when the accident occurred. As soon as you turn 18, you will have exactly three years to bring this claim against the at-fault party. However, you only have one year after the period of incapacitation ends to file your claim.
Speak With A Trusted Car Accident Lawyer Today
New Mexico’s statutes of limitations for car accidents can be complicated. Never assume that you have already missed your deadline to file a car accident claim without consulting with an attorney first. Garcia Legal can review your case and let you know whether or not it is too late to file a personal injury lawsuit. Call us today for a free consultation.