Egolf + Ferlic + Martinez + Harwood, Attorneys At Law

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How long do you have to file a car wreck claim in New Mexico?

On Behalf of | Jul 24, 2021 | Motor Vehicle Accidents

Depending on the severity, a motor vehicle accident can impact your life in multiple ways. You may need to take time off work to seek treatment or fix or replace your vehicle. Worse still, a motor vehicle accident can leave you permanently disabled. 

If you are involved in a car accident, you may be entitled to compensation for damages resulting from the accident. However, like all states, New Mexico has a time limit within which you have to sue the at-fault party to be eligible for compensation. This is known as the statute of limitations

Understanding New Mexico’s statute of limitations

The time limit for filing a car accident lawsuit against the at-fault party in New Mexico is three years. This means you have three years effective the date of the car wreck to file a personal injury lawsuit. However, the deadline may vary depending on the type of lawsuit you are filing. 

Here are three instances when the timeline for a personal injury lawsuit may differ:

  • If you are filing a wrongful death claim, you will be required to file your claim within three years from the date of the victim’s death.
  • If you are suing for property damage, you will be required to file your suit within four years from the date of the accident.
  • If you are suing the government, you will be required to file your claim within two years from the date of the injury.

There are some exceptions to New Mexico’s statute of limitations. Here are some of these exceptions:

  • When the victim is a minor
  • If the victim is incarcerated within the time limit to file

A car accident can leave you with devastating injuries. Understanding your rights and responsibilities can ensure that you file your New Mexico car accident claim within the right time frame and get the compensation you deserve for your injury and damages.