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April 8, 2025
- Blog
- By Cesar Ornelas
If you’ve been injured by someone else’s negligence, you can bring a personal injury lawsuit, but you must do so within the time limit imposed by the statute of limitations here in New Mexico. A personal injury attorney in Hobbs, NM can tell you how long you have and also give you a sense of whether you might qualify for one of the rare exceptions to this time limit.
How Long Do You Have to File a Personal Injury Lawsuit in New Mexico?
Most cases here in New Mexico must be brought within three years. You have four years to bring a lawsuit for property damage, but if you have both property damage and an injury, stick with the three-year limit. There are some exceptions and a lot of details to understand about this, however.
What Is a Statute of Limitations?
The statute of limitations is a law that limits how long a person has to bring a civil action against another person. The purpose of these laws is to avoid clogging up the courts with old cases that are too hard to work out because so much of the evidence has degraded. Over time, evidence is lost, witnesses forget what happened, and life moves on even after a devastating accident, so it’s important to get started on your claim as quickly as possible.
What Happens If I Miss the Deadline?
In almost every case, if you miss the deadline, you will not be able to bring any action. If you try to file a claim in court, it will be dismissed. Even if, for some reason, the court does not dismiss it outright, the defendant is almost certain to notice that the statute of limitations is over and will file a motion to dismiss. If they do, the judge has to honor that motion. They have no choice under the law. It does not matter how strong your case is or how much you’ve lost
When Does the Clock Start Ticking?
Most of the time, the clock begins on the day you are injured. There are a few exceptions, however. One is called the “discovery rule.” The discovery rule acknowledges that in some accidents, the injury may not be discovered until later. This is particularly the case when you’re talking about medical malpractice. Say, for example, that a person undergoes surgery and a small piece of metal is left in their body. Five years later, that person is in a car accident, and in the course of getting treated for the car accident, x-rays turn up the metal. The statute of limitations for medical malpractice would begin on the day that the metal was discovered, five years after the malpractice was actually committed.
Can I Get an Extension to the Statute of Limitations?
There are a few, very rare, situations where the courts will consider granting an extension. One of these is if the victim is a minor or if the victim suffers from mental incapacity that prevents them from being able to bring a legal action. The clock does not start ticking on the statute of limitations here until their condition changes. For a minor, this means the time starts on the day they turn 18. For those who have been injured, things begin when they recover the capacity to bring a civil lawsuit.
However, it’s important to realize that the statute of limitations is shortened in these situations. Under normal circumstances, the statute of limitations is three years, but you only have one year under New Mexico law to bring a lawsuit once you recover from incapacity or turn 18.
Don’t Confuse the Statute of Limitations With Filing an Insurance Claim
This three-year deadline only applies to filing an actual lawsuit in court. Most insurance companies require you to file a claim for an accident as soon as possible after it happens, and that’s what you should do. You should also be aware that the insurance companies know about the statute of limitations and keep their eye on it. They know that if they drag their feet long enough, they may be able to take away from you the option of bringing them to court.
This means that, even if you don’t plan to file a lawsuit and just want to settle in negotiations, you still want to get started as quickly as possible and keep an eye on that clock. The possibility that you might bring a lawsuit needs to be there as an option when you come to the bargaining table. If you let that three-year deadline pass, as you enter into negotiations with the insurance company, you have no leverage.
Why a Personal Injury Attorney in Hobbs, NM Is Important
Many people try to avoid using a lawyer, and that’s natural. The hope is that they can bring a claim and that claim will be honored quickly for the full amount of their losses and damages. Unfortunately, the reality is that many insurance companies do not have the best interest of victims at heart and are not above engaging in whatever practices are necessary to protect their bottom line. Here’s some of what a lawyer can do for you:
Help You Properly Value Your Claim
An insurance company knows that the average person is likely to leave some things out as they tally up everything they’re owed for their losses and damages after an accident. But a lawyer won’t let you do that. Your lawyer has done this before and knows everywhere that you need to look in order to get the full value of your claim calculated. When your claim is properly valued in the first place, you’re less likely to end up with a settlement that doesn’t properly cover your needs.
Put Pressure On the Insurance Company
Once you get a lawyer, you have signaled to the insurance company that you’re serious about being properly compensated. This alone often makes the insurance company come back with a higher settlement than they otherwise would. They know that you can now go to court if you need to and that your lawyer won’t let you sign a bad settlement.
Take Care of All Legalities and Communication
Filling out all the paperwork is important, and you need to also provide supporting evidence for your filings. These have to be done the right way, and any mistake here could jeopardize your claim. Your lawyer will take care of all of this and will also take over communication with the insurance company. The insurance adjuster is likely to try to talk to you in such a way as to get you to say something they can use to minimize your claim. Your lawyer protects you from this.
Negotiate and Represent You at Trial
Finally, your lawyer will represent you in all negotiations and argue for your rights. If the case can’t be settled in negotiation, your lawyer will be prepared to take it to the courtroom and fight for you there.
If you’ve been injured, don’t wait too long to bring your personal injury lawsuit. Contact Cesar Ornelas Law in Hobbs, NM today for a free consultation. We also serve Texas and parts of California and Georgia.
