What Is the Statute of Limitations in Las Cruces, New Mexico? What Injury Victims Need to Know
If you’ve been injured in an accident in New Mexico, whether it’s a car crash, a slip and fall, or another incident caused by negligence, it’s important to act quickly. The law places strict time limits on how long you have to file a lawsuit. These deadlines, known as statutes of limitations, vary depending on the type of case. Missing the filing window could mean losing your right to recover compensation, no matter how strong your case may be.
Short answer: In most personal injury cases, the statute of limitations in New Mexico is three years from the date of the injury.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline. If you don’t file your lawsuit within this timeframe, your case may be dismissed, meaning you lose the opportunity to hold the responsible party accountable. These deadlines exist to ensure claims are resolved while evidence is still fresh and available.
The time limit begins on the date of the incident or, in some cases, the date you discovered your injury.
Key Statutes of Limitation in New Mexico
While the three-year period applies to most personal injury claims, the exact limit depends on the type of case:
- Personal Injury (e.g., car accidents, falls, assaults): 3 years from the date of the injury
- Wrongful Death: 3 years from the date of death
- Medical Malpractice: Generally, 3 years from the date of the malpractice
- Property Damage: 4 years from the date of damage
- Claims Against the Government: Must file a formal notice within 90 days and a lawsuit within 2 years
Each category has its nuances, and some exceptions apply depending on the facts of your case.
Why the Statute of Limitations Matters
Waiting too long can be costly. Even if you’re focused on medical treatment or negotiations with insurance, the clock doesn’t stop. If the deadline passes before you file, the court can dismiss your claim, and insurance companies know this. That’s why it’s critical to speak with an attorney early to make sure your rights are protected.
What If You’re Not Sure When the Clock Started?
Some injuries or forms of negligence aren’t obvious right away. In those cases, New Mexico courts may apply a “discovery rule” that starts the clock when you reasonably discover (or should have discovered) the injury. However, these exceptions are limited, and courts strictly interpret filing deadlines.
Injured in New Mexico? Here’s What to Do Next.
If you think you may have a legal claim, it’s best to act sooner rather than later:
- Document everything—photos, bills, medical records, and witness info
- Avoid signing insurance documents or recorded statements without legal advice
- Speak with a personal injury attorney to understand your options
Talk to a Las Cruces Lawyer Before Time Runs Out
At The Law Offices of Kenneth G. Egan, we help injury victims across New Mexico take timely legal action. If you’ve been hurt, don’t wait until it’s too late. Our team is here to guide you through the process, protect your rights, and fight for the compensation you deserve.