Is There a Time Limit on When I Can File a Lawsuit?
Most Americans know they have the right to file a lawsuit to settle certain legal disputes. Reality court shows have familiarized many people with the basics of taking someone to court, including lawsuits over dog bites, car accidents, breach of contract, and more.
While many people understand that there is a statute of limitations on bringing someone to trial for criminal conduct, even those who have some working knowledge of civil courts may not always realize there can also be a statute of limitations for filing a lawsuit. This is particularly true of personal injury lawsuits in New Mexico. This is why if you or a loved one were injured, you should contact one of our team's dedicated personal injury attorneys. We can help you determine if you are still eligible to file a suit and take action before the clock runs out.
What is a Statute of Limitations?
A statute of limitations is a kind of expiration date on when criminal charges or civil lawsuits can be filed against someone. In some criminal instances, such as homicide, there is no statute of limitations. In most other cases, though, there is a sunset date on how long after a crime or accident someone can be held accountable. There are multiple reasons for this, including but not limited to:
- Fairness to the Accused
- Evidence Preservation
- Preventing Indefinite Litigation
Statutes of limitations ensure that people aren't unduly harassed for minor transgressions long after the fact. For example, suppose you were involved in a fender-bender in which you were at fault. The other driver declines to sue you. You would not want to find yourself in a situation where, five or even ten years later, the driver decides to seek action against you for some reason. Similarly, statutes of limitations ensure cases go to court while evidence is still readily on hand and incidents are fresh in the minds of potential witnesses.
While statutes of limitations preserve the court's integrity and protect individuals, they may also limit your ability to seek compensation for injuries if you don't act fast enough.
What is the Statute of Limitations on Personal Injury Suits?
New Mexico has a statute of limitations of three years for personal injury lawsuits. This means that if you or a loved one are injured, you have three years from the date of the injury to file a lawsuit against the person, people, or business responsible. Failure to file within this three-year window could prevent you from being able to collect compensation.
An exception to this is if you did not learn about your injury until a later date. Suppose you were involved in an automobile accident but felt "fine" after and chose not to go to a hospital. Sometime later, you experience an illness or injury symptoms and go to the doctor. The doctor performs tests that demonstrate you suffered injuries in the accident, which have only now begun to affect you. Depending on the facts of the case, the statute of limitations may start when your injury was discovered.
This is one potential exception to New Mexico's statute of limitations on personal injury lawsuits. While there are other exceptions, they only tend to apply in specific circumstances.
What Are Exceptions to the Statute of Limitations on Personal Injury Lawsuits?
New Mexico understands that civil cases can be complex and that no one-size-fits-all approach to the law exists. This is why there are a small handful of exceptions regarding the statute of limitations for personal injury lawsuits.
One frequent exception regards medical malpractice cases. Similar to the accident example cited above, it may not always be apparent right away when someone has suffered a personal injury due to medical malpractice. A mistake during surgery, a misdiagnosis, and more may not appear until weeks or months after the event. It is because of this understanding that the statute of limitations for medical malpractice suits may begin when the injury is discovered and not necessarily start from the date of the actual injury.
Another example involves minors. If you or a loved one were a minor when you were injured, and responsible parties declined to pursue a lawsuit on your behalf, the statute of limitations may begin when you turn eighteen. In this scenario, the statute would either be one year from the date you turned eighteen or three years from the date of the injury, depending on different factors.
Individuals experiencing some form of mental incapacitation may also be able to seek compensation outside the regular statute of limitations. For example, if someone were to fall into a coma as the result of their injuries, they might still be able to seek compensation when they wake up, even if it is past the three-year window.
You may also be able to sue someone outside the statute of limitations if they couldn't be reached to get served with court documents. A typical example of this involves individuals wanted by law enforcement. If you were injured by someone who was wanted for a crime and went into hiding or on the run, you may be able to sue them if law enforcement arrests them.
These are only a few potential exceptions. Every case is unique, and you may or may not qualify for one of these exceptions, depending on your specific circumstances. This is why a personal injury attorney is vital if you or a loved one were hurt. An attorney can determine when the statute of limitations in your particular case begins and ends. They can then take appropriate steps before you can no longer file a suit.
What Should I Do if I or a Loved One Have Suffered a Personal Injury?
Though you may not realize it, if you or a loved one are injured, a clock begins ticking on when you can seek compensation. While three years may seem like a lot of time, it can be gone before you know it. The legal process can be intimidating and take a lot of effort. This means it is easier than you might think to miss the filing deadline for a lawsuit. Don't let the statute of limitations expire and miss your opportunity for justice.
If you or a loved one were injured and need to file a personal injury lawsuit, don't hesitate to contact Gauthier & Maier Law Firm, P.C. Our team of dedicated attorneys knows that time is of the essence when it comes to a personal injury suit. They'll work efficiently and quickly to get your case moving as quickly as possible. Don't let a technicality stand in the way of you and the compensation you deserve. If you or a loved one were hurt and need to file a personal injury suit, call one of the attorneys at Gauthier & Maier Law Firm, P.C. today at 505-226-0009 to schedule your free consultation.