New Mexico gives you 3 years to file a truck accident injury claim, 3 years for wrongful death, 4 years for property damage, and as little as 90 days for government-related claims. The specific amount of time you have to file a truck accident claim in New Mexico depends on the type of claim you are filing and who is at fault in your truck accident.
Most Truck Accident Cases: Three Years
New Mexico’s personal injury statute of limitations, New Mexico Statutes Annotated (NMSA) § 37-1-8, gives a legal deadline of three years on the majority of civil actions or lawsuits brought due to negligence and a related injury. This includes truck accident lawsuits. The law states: “Actions must be brought…for an injury to the person or reputation of any person, within three years.”
Under this rule, a truck accident victim has three years from the date of the accident to file a related personal injury claim against one or more at-fault or liable parties. If you wish to file a claim for property damage, however, you have four years under NMSA § 37-1-4. In general, the clock on the statute of limitations starts counting down on the date of the injury.
Special Considerations and Exceptions
Certain circumstances can alter the amount of time you have to file a truck accident claim in New Mexico, making it shorter or longer. It is important to understand these exceptions to avoid unintentionally missing your filing deadline.
Exceptions to the rule include:
- Delayed discovery: If a victim’s injuries are not immediately apparent, he or she has three years from the date of discovery or the date that the injury reasonably should have been discovered.
- Wrongful death: Rather than having three years from the date of the truck accident or injury, a wrongful death claim can be filed within three years of the date of the deceased person’s death.
- Injured minor: Injured individuals under the age of 18 have one year from the date of turning 18 to file a truck accident lawsuit in New Mexico.
- Incapacitated person: Someone who is incapacitated from the accident and deemed mentally incompetent will have one year from becoming competent again to file a claim.
- Unavailable defendant: If the defendant is out of state or otherwise cannot be found, the statute of limitations is tolled or paused until the defendant is available.
- Claim against the government: Under the New Mexico Tort Claims Act, you have a maximum of 90 days to file a truck accident lawsuit if it is against a government entity, including the state or local government.
Exceptions to the rule can be difficult to prove in some circumstances. The best way to protect your rights as a truck accident victim in New Mexico is by taking legal action as soon as possible.
Why It’s Important to Act Quickly
Note that the deadlines listed above are for a truck accident lawsuit, not an insurance claim. An insurance claim is separate from filing a lawsuit. Your insurance claims should be filed much sooner, typically within 24 to 72 hours of the crash.
Acting quickly is critical if you wish to avoid missing your statute of limitations and being barred or blocked from seeking financial compensation from the at-fault party. It is also important to act quickly to preserve key evidence.
Evidence such as the truck’s black box data, trucking company logbooks and maintenance records, and video footage of the wreck could be lost or destroyed if you wait too long to file. Protect your legal rights by contacting a truck accident attorney in New Mexico early on.