Is it Too Late to File a Personal Injury Claim in New Mexico?
Is It Too Late to File a Personal Injury Claim in New Mexico?
You got hurt months ago. Maybe it was a slip and fall, a car accident, or a dog bite.
Now you’re wondering: Is it too late to do something about it?
Here’s the truth:
In New Mexico, even the strongest personal injury case will completely disappear if you miss the deadline, known as the statute of limitations.
If you’re worried about whether you still have time to file a claim, this guide will walk you through what you need to know and what steps to take today to protect yourself.
The Problem: Time Is Not on Your Side
Every week, people across New Mexico call me with the same story. They were hurt in an accident but waited to call a lawyer because:
• They thought their injuries weren’t that serious.
• They were hoping the insurance company would “do the right thing.”
• They simply didn’t know there was a deadline.
Unfortunately, insurance companies are not known for moving quickly, or fairly, when it comes to paying claims. And when time runs out, there’s nothing even the best lawyer can do to help.
The Statute of Limitations in New Mexico
In most New Mexico personal injury cases, you have three years from the date of the accident to file a lawsuit.
(Not just to report the accident. Not just to get medical care. You must actually file a case in court.)
If you miss that window, you lose your right to recover money for:
• Medical bills
• Lost wages
• Pain and suffering
• Other damages related to your injury
It doesn’t matter how strong your case is.
If the deadline passes, your claim is gone forever.
Special Situations: When the Deadline Is Even Shorter
Some cases in New Mexico have even tighter rules:
• Claims against a government agency (like a city bus or public sidewalk injury) require notice within 90 days and a lawsuit within two years.
• Wrongful death cases have three years from the date of death, not the date of injury, but the circumstances there definitely depend on the circumstances.
• Minors who are injured may have longer to file, but this can be complex, and you need a lawyer to help figure it out.
These exceptions can make a huge difference in your case. If you wait too long without knowing the special rules, you could lose your rights without even realizing it.
The Guide: How I Help People Like You
I’m Damon Hudson, a personal injury attorney based in New Mexico.
I’ve helped clients who called just days before the deadline and we were able to take quick action to protect their cases.
But I’ve also had painful conversations with people who called a few days after the deadline.
In those situations, there’s almost nothing I can do.
It’s heartbreaking and 100% avoidable if you act in time. I don’t want you to be one of those people left without options.
The Plan: What You Should Do Right Now
If you’re even thinking about whether you have a case, here’s your action plan:
1. Call an Attorney Immediately
Whether it’s me or someone else, call now.
A personal injury lawyer can tell you if you still have time and what you should do next.
Consultations are usually free, so there’s no risk in reaching out.
2. Check for Special Deadlines
If your case involves a government agency, a child, or a death, you might have special rules that change your timeline.
An attorney can quickly spot these issues and make sure you don’t miss anything important.
3. If You Still Have Time, Don’t Waste It
Even if you’re within the deadline, every day that passes makes it harder to:
• Gather medical records
• Locate witnesses
• Preserve important evidence
Waiting only helps the insurance company, not you. The sooner you act, the stronger your case can be.
The Call to Action: Don’t Wait Another Day
If you’ve been sitting on your case, don’t wait another day.
The more time that passes, the harder it becomes to get the justice and compensation you deserve.
Once the statute of limitations expires, it’s over.
There’s no going back. No second chances.
And no lawyer, no matter how good, can bring a dead claim back to life.
Bottom Line: Protect Your Rights Before It’s Too Late
If you act now, you keep the door open.
You don’t have to decide today to sue, go to court, or fight your case.
But you do need to protect your ability to do so if you choose.
If you wait too long, you’re locked out, period. You already have enough to deal with after an injury.
Let me worry about the deadlines.
You focus on healing and rebuilding your life.
Need Help?
I offer free consultations and am happy to walk you through your options, even if you’re not sure where you stand.
Call me today or send us message.
Let’s make sure you protect your rights before time runs out.
