How Long Do I Have to File a Slip and Fall Lawsuit in New Mexico?
If you've been injured in a slip and fall accident on someone else's property, you might be wondering how much time you have to take legal action. This is a crucial question because waiting too long could cost you your right to seek compensation for your injuries.
The Basic Rule: Three Years
In New Mexico, you have three years from the date of your slip and fall accident to file a lawsuit. This time limit is called the "statute of limitations." It applies to most personal injury cases, including slip and fall accidents, trip and fall incidents, and other premises liability claims. (It does not apply to claims against government entities like the state, that is 2 years!)
The three-year clock typically starts ticking on the day your accident happened. For example, if you slipped and fell at a grocery store on January 15, 2024, you would have until January 15, 2027, to file your lawsuit in court.
Why Does This Deadline Matter?
The statute of limitations exists for several important reasons:
Evidence stays fresh: Witnesses remember details better, and physical evidence is less likely to disappear
Fairness to defendants: Property owners shouldn't face surprise lawsuits years after an incident
Court efficiency: It encourages people to resolve their legal issues promptly
If you miss this deadline, the court will almost certainly dismiss your case. Even if you have strong evidence that the property owner was negligent, you'll lose your right to seek compensation. There are very few exceptions to this rule. Don’t count on any. Dont wait!
Government Property: Different Rules Apply
If your slip and fall happened on government property—like city sidewalks, public buildings, or parks—you face much stricter deadlines.
Under the New Mexico Tort Claims Act, you must:
File a written notice within 90 days of your accident (there are some ways around this, but again, always better to contact an attorney sooner rather than later)
File your actual lawsuit within two years of the accident date
Missing either of these deadlines will likely end your case before it starts. This is why it's especially important to contact a lawyer quickly after accidents on public property. The tort claims notice is straightforward and can be handled easily while your case is investigated.
Special Situations That May Extend the Deadline
While the three-year rule is firm in most cases, there are a few situations where the deadline might be different:
Minors and Incapacitated Individuals
If you were under 18 when the accident happened, you may have one year after your 18th birthday to file a lawsuit. Similarly, if someone was declared legally incapacitated, they may have one year after the incapacity ends.
Discovery Rule Exceptions
In rare cases involving medical malpractice or situations where the injury wasn't immediately obvious, the three-year period might start when you discovered (or should have discovered) your injury rather than when the accident occurred. But this is very rare in New Mexico. Often times there is whats called a statute of repose as it relates to medical malpractice. What that means, is it is just from the date of injury, whether or not you discovered it later or not.
What Happens If You Wait Too Long?
If you try to file your lawsuit after the statute of limitations expires, the defendant's lawyer will likely file a motion to dismiss your case. The judge will almost certainly grant this motion, and your case will be over before it begins—regardless of how strong your evidence might be.
This is why you shouldn't wait to take action, even if you're still recovering from your injuries or dealing with insurance companies.
Steps to Protect Your Rights
To make sure you don't miss important deadlines:
Contact a lawyer immediately after your accident, even if you're not sure you want to file a lawsuit
Document everything while your memory is fresh
Keep track of all medical treatment and expenses
Don't rely on insurance companies to inform you about legal deadlines
Act quickly if your accident happened on government property
The Bottom Line
In New Mexico, you generally have three years to file a slip and fall lawsuit, but this deadline can be much shorter for accidents on government property. Don't assume you have plenty of time—the sooner you consult with an experienced premises liability attorney, the better.
An attorney can help you understand exactly how much time you have, gather evidence while it's still available, and ensure you don't miss any critical deadlines. Most personal injury lawyers offer free consultations, so there's no financial risk in getting professional advice about your case.
Remember, once the statute of limitations expires, you lose your right to seek compensation forever. Don't let a missed deadline prevent you from getting the compensation you deserve for your injuries.
Get Help with Your Slip and Fall Case Today
If you've been injured in a slip and fall accident in New Mexico, don't wait to get the legal help you need. Time is critical, and every day that passes brings you closer to important deadlines.
Contact Hudson Injury Law today for a free consultation:
📞 Call: (505) 416-4150
✉️ Email: damon@hudsoninjurylaw.com
We can only imagine the challenges you're facing after a slip and fall accident, but we're here to help you navigate the legal process while you focus on your recovery. Don't let the statute of limitations run out! Reach out to us today to protect your rights and explore your options for compensation.
