Detailed Answer
Under New Mexico law, you generally have three years from the date of your accident to file a personal injury lawsuit. New Mexico’s statute of limitations for personal actions is set forth in NMSA 1978, § 37-1-8. You can read the full text here: 37-1-8 NMSA 1978.
Key points to understand:
- Start date: The clock starts on the date you are injured, not when you discover an injury unless a discovery rule applies in rare cases.
- Medical malpractice: You must file within three years of the injury date or within one year of discovering the harm, whichever comes first, but in no event more than six years after the act or omission. See 41-5-12 NMSA 1978.
- Wrongful death: A survivor must bring a claim within three years of the decedent’s death. See 41-2-1 NMSA 1978.
- Claims against government entities: You must serve a notice of claim within 90 days of the injury. If you miss this deadline, you typically cannot sue the state or its subdivisions.
Missing the deadline usually bars your lawsuit permanently. Courts rarely grant extensions except in extreme circumstances like mental incapacity or fraud that prevented timely filing.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Note the exact date of your accident or injury and calculate three years from that date.
- Keep a timeline of medical records and discovery dates in case an exception applies.
- For government claims, prepare and serve your notice within 90 days—this requirement is strict.
- Consider consulting a personal injury attorney early to meet all deadlines and gather evidence.
- Document any factors that could toll (pause) the statute of limitations, such as the defendant’s absence or incapacity.