How Long Do I Have to File a Nursing Home Abuse Claim in New Mexico?

On Behalf of Egolf + Ferlic + Martinez + Cox, LLC

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Aug 25, 2025

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Personal Injury

New Mexico’s civil courts set strict deadlines for when injury claims can be filed. Missing the statute of limitations for your case could mean that your case is dismissed, which can leave you without further recourse to pursue compensation and justice. If you recently found out that a senior loved one was injured due to neglect or abuse at a nursing home, you may be wondering, “How long do I have to file a nursing home abuse claim in New Mexico?”

How Long Do I Have to Take Action in Court?

New Mexico’s civil courts set legal deadlines for filing civil claims. These deadlines vary based on the type of claim, and nursing home neglect cases fall within the three-year statute of limitations for many personal injury cases.

The clock starts ticking from the moment that the victim or their family members first became aware of the injury. Exceptions to these deadlines are rare, although injury claims often focus on when the plaintiff was first aware of the injury or should have been aware.

If the plaintiff in a civil claim tries to file their case after this deadline has passed, the courts will likely dismiss the case based on the statute of limitations. Among other reasons, legal deadlines are designed to encourage plaintiffs to take action while evidence is still readily available.

Understanding the Scope of Nursing Home Neglect and Abuse in New Mexico

Nursing home neglect and abuse remain a serious concern across New Mexico. In May 2024, Governor Michelle Lujan Grisham released the results of unannounced inspections of 91 long-term care facilities statewide.

The findings were troubling: 88% had at least one violation, ranging from infection control failures to administrative oversights. Only 11 facilities earned perfect scores and four failed outright. These statistics reveal how widespread problems are within the very same system charged with protecting some of the state’s most vulnerable residents.

How the Decision to Hire a Nursing Home Abuse Lawyer Can Protect Your Claim

The decision to hire a nursing home abuse lawyer can play a critical role in protecting your claim to compensation. An attorney who understands nursing home abuse cases can ensure that you do not miss important legal deadlines.

If you are unsure about your eligibility to pursue a claim, your lawyer can review your case and determine when you first became aware of the injury. They can then take decisive action by gathering evidence to support your claim before filing your case within the required time period.

Legal representation protects you from serious mistakes that could compromise your ability to use the courts in your pursuit of justice and accountability after you or a loved one was harmed in a nursing home.

FAQs

What Is the Statute of Limitations on Nursing Home Negligence?

In New Mexico, nursing home negligence generally falls under personal injury law, which carries a three-year statute of limitations. That means families typically have three years from the date of the neglect or when the harm was discovered to file a civil claim. Acting promptly ensures the claim is filed within the legal deadline and improves the chances that your lawyer can collect the evidence they need to win your case.

What Should I Do if I Believe I’m Close to Missing a Filing Deadline?

If you believe that you are close to missing a deadline or may have missed a filing deadline, reach out to an attorney. Many injury lawyers offer no-cost consultations. A lawyer will understand the pertinent statute of limitations for your case and assess whether you still have the ability to take action through the civil courts.

Is It Hard to File a Nursing Home Neglect Claim?

Filing a nursing home neglect claim can be challenging because facilities often deny wrongdoing and are protected by their insurance company from paying out injured parties. This is why many people rely on support from an experienced attorney who understands the state’s personal injury laws and the procedures for handling such claims. Lawyers can navigate these obstacles and pursue compensation on behalf of clients.

What Happens if I Miss a Legal Filing Deadline?

Missing a filing deadline would likely mean that your case will be dismissed by the court. Statutes of limitations are strictly followed by courts, and there are few exceptions to missed deadlines. Working with an experienced personal injury lawyer can ensure that you don’t make mistakes that compromise your ability to pursue justice and compensation through the courts.

Contact a New Mexico Nursing Home Negligence Lawyer

The high rate of violations in New Mexico’s nursing homes shows how urgent the problem of neglect remains. Families trust these facilities to provide safe, reliable care, yet inspection results prove that too many fall short of that duty. When residents suffer harm due to inadequate staffing, poor infection control, or other failures, legal action may be the only way to secure justice.

At Egolf + Ferlic + Martinez, LLC, we provide compassionate, competent representation for families facing the impact of nursing home neglect or abuse. Our attorneys can take the time to explain your options, evaluate the strength of your case, and fight for the compensation your loved one deserves. Contact our office today to discuss your claim through a no-cost consultation.