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Once you’re involved in a car accident in the state of New Mexico, a clock starts running. This clock, known as the statute of limitations, sets a specific timeframe in which you can file a legal claim for damages related to your crash. 

Most often, a three-year statute of limitations applies to New Mexico car accident claims.

This essentially gives you until the third anniversary of your car accident to request compensation for your medical bills, disability, property damage, and emotional distress.

While there are some exceptions to the general rule, they’re few and far between. You will lose the right to recover any compensation at all if you don’t file your car accident claim before the filing deadline expires. So, it’s critical to establish the specific timeframe in which you have to claim an injury after a car crash in New Mexico.

This is one of several reasons why it’s smart to enlist the help of an experienced Albuquerque personal injury attorney after a crash. 

What is the Controlling Statute of Limitations For Car Accident Claims in New Mexico?

In New Mexico, the standard statute of limitations for car accident lawsuits can be found in N.M.S. Section 37-1-8. 

The law expressly states that a civil lawsuit seeking damages “for an injury to the person or reputation of any person” must be brought “within three years.”

What Are the Exceptions to New Mexico’s Three-Year Statute of Limitations For Car Accidents?

Sometimes, you might have more or less time to file a personal injury claim or lawsuit after a car accident in New Mexico. However, that will only be true if your case falls into one of the following categories.

A Child is Injured in a Crash

Millions of children are injured in motor vehicle accidents across the United States every year. In fact, crashes involving kids are so common that between 17 and 18 kids are injured in traffic accidents every hour. 

Children lack the legal capacity to file an insurance claim or bring a legal claim before a New Mexico state court. So, state law permits the statute of limitations to be tolled - or put on hold - until the child turns 18.

Specifically, children have three years from the date of their car accident or until their 19th birthday to seek compensation after a car accident in New Mexico - whichever gives them more time.

You’re Suing a Government Agency or Actor For Your Crash

There might be times when government negligence contributes to a car accident in New Mexico. In these situations, you could reserve the right to sue the government agency for damages. However, government tort claims are subject to different rules and regulations from other types of personal injury claims. This includes the amount of time a plaintiff has to take action.

In New Mexico, you must notify the government agency that you intend to file a tort action within 90 days of your car accident. Then, you’ll have two years from the date of your car accident to take formal legal action against the agency or its actor.

How Long Do I Have to File a Wrongful Death Lawsuit if a Car Accident in New Mexico is Fatal?

When a car accident in New Mexico is fatal, the right to file a lawsuit isn’t necessarily lost. Instead, it can shift to another party. In these situations, a three-year statute of limitations also applies.

However, the date on which the statute of limitations begins to run might not necessarily be the date of the car accident.

The statute of limitations for wrongful death claims, including those related to fatal crashes in New Mexico, is three years from the date of a victim’s death. 

How Long Will I Have to Seek Compensation For Property Damages After a Car Crash in New Mexico?

While you’ll have three years to pursue compensation for an injury or wrongful death of a family member, New Mexico gives you a little bit of extra time to seek compensation for property damage.

Barring any exceptions, a four-year statute of limitations applies to claims for damage to property, such as costs related to repairing your vehicle or replacing a car that was deemed to be a total loss after your crash. 

When Should I File My New Mexico Car Accident Claim?

While you don’t want to rush the process, it’s important to put elements of your car accident claim into motion as soon as possible. Not only do you risk missing the filing deadline, but the strength of your claim can fade over time. The more time passes, the more witness memories become unreliable and the more likely it becomes that evidence is lost or damaged.

The best thing you can do is to hire an experienced Albuquerque car accident lawyer to handle your claim.

Your attorney will help you understand your legal rights, explain the process of claiming an injury and seeking damages, and make sure the procedural requirements of the process are satisfied. 

Call Singleton Schreiber For Help After a New Mexico Car Accident

Don’t stress about procedural requirements or filing deadlines after a car accident in New Mexico. Instead, give yourself time to rest and recover by calling Singleton Schreiber.

Our New Mexico personal injury lawyers have decades of experience litigating complex car accident claims for injury victims and families. As award-winning trial lawyers, we’re not afraid to stand up to powerful insurance companies and demand that our clients are made whole.

The case results we’ve recovered include more than $3 billion in settlements and jury awards.

Now, we’re ready to fight for you, too. Call one of our New Mexico law offices to schedule a free consultation today.