My Statute of Limitations Is About to Expire - What Now?
If you were injured in an accident in New Mexico and you're reading this article, you might be worried that time is running out to file your case. Maybe you've been putting off calling a lawyer. Maybe the insurance company has been "working on" your claim for months. Or maybe you're still getting medical treatment and thought you should wait until you're done healing.
Whatever the reason, you're right to be concerned. In New Mexico, there are strict deadlines for filing personal injury claims. If you miss these deadlines, you could lose your right to compensation forever. But don't panic yet. Let's talk about what you need to know and what you should do right now.
Understanding New Mexico's Statute of Limitations
The statute of limitations is basically a countdown clock that starts ticking from the date of your injury. In New Mexico, you generally have three years from the date of your accident to file a personal injury lawsuit. This applies to most injury cases, including car accidents, truck accidents, slip and falls, dog bites, and other accidents caused by someone else's carelessness.
Three years might sound like a lot of time. But here's the truth: it goes by faster than you think. Life gets busy. You're dealing with doctor appointments, physical therapy, missing work, and trying to recover. Before you know it, months have passed. Then a year. Then two years. Suddenly, you're approaching that three-year deadline and wondering if it's too late.
Important exception: If your injury involved a government entity like a city, county, or state agency, the rules are much stricter. You may have as little as 90 days to file a notice of claim. This means if you were hurt because of a dangerous road condition, in a city bus accident, or due to negligence by a government employee, you need to act immediately.
What If You're Still Getting Medical Treatment?
This is one of the biggest misconceptions that causes people to miss their deadline. Many injured people think they need to wait until they're completely done with treatment before calling a lawyer. This is not true, and it can be a costly mistake.
You should contact a personal injury attorney while you're still treating. In fact, having a lawyer early in the process can actually help your case. Your attorney can make sure your medical providers are documenting your injuries properly, ensure you're getting the treatment you need, and start building your case while the evidence is fresh.
Waiting until you're done with treatment can put you in a dangerous position. Some injuries require treatment for years. If you wait too long, you might run out of time to file your case entirely. Don't let the statute of limitations expire while you're waiting to feel better.
Don't Let Insurance Companies String You Along
Here's something insurance companies know that you might not: they benefit when you wait. Every month that passes without you hiring a lawyer is a month closer to your deadline expiring. And if your deadline passes, they don't have to pay you anything.
Insurance adjusters are trained to use delay tactics. They might seem friendly and helpful. They might tell you they're "still reviewing" your claim. They might ask for more documentation, more medical records, more time. They might make a lowball offer and tell you to "think about it." All of this takes time. Your time.
Meanwhile, the clock keeps ticking toward your statute of limitations deadline.
Some common insurance company tactics include:
Dragging out the investigation for months
Requesting the same documents multiple times
Making unreasonably low settlement offers that force you to negotiate longer
Being hard to reach or slow to respond
Suggesting you don't need a lawyer because they'll "take care of you"
Telling you that you're asking for too much money
If an insurance company has been handling your claim for months without making a fair offer, that's a major red flag. They may be running out the clock on purpose.
What to Do When Your Deadline Is Approaching
If you're getting close to your three-year deadline (or any deadline), here's what you need to do right now:
Stop waiting and call a personal injury attorney immediately. This is not the time to do more research, think about it for another week, or wait to see what the insurance company does. You need legal help now.
When you call a personal injury law firm, be honest about your timeline. Tell them when your accident happened and that you're concerned about the deadline. Most personal injury attorneys offer free consultations, so there's no cost to find out where you stand.
An experienced attorney can review your case and tell you exactly how much time you have left. If you're truly running out of time, they can take immediate action to protect your rights. This might mean filing a lawsuit quickly to stop the clock, even if settlement negotiations are still ongoing.
What Happens If You Miss the Deadline?
This is the harsh reality: if you miss the statute of limitations, your case is likely over. It doesn't matter how badly you were injured. It doesn't matter how clear it is that the other party was at fault. It doesn't matter how much your medical bills cost or how much work you missed.
Once the statute of limitations expires, the person or company that hurt you can ask the court to dismiss your case. And the court will almost always grant that request. There are very few exceptions to this rule.
This means you lose your right to compensation for:
Medical bills
Lost wages
Future medical treatment
Pain and suffering
Disability or disfigurement
Loss of enjoyment of life
Everything you've been through, all the pain and financial stress, and you get nothing. This is why acting quickly is so important.
You Don't Need to Have All the Answers
Some people don't call a lawyer because they're not sure if they have a case. Maybe they think their injury isn't serious enough. Maybe they're partly at fault for the accident. Maybe they don't have all their paperwork organized.
Here's what you need to know: you don't have to figure all this out on your own. That's what personal injury attorneys do. Let a lawyer evaluate your case and tell you whether you have a claim. Don't make that decision yourself and risk missing your deadline.
Even if you were partially at fault for your accident, you might still have a case under New Mexico law. Even if your injuries seem minor now, they could have long-term effects. Even if you don't have perfect documentation, an attorney can help gather the evidence you need.
Take Action Today
If your statute of limitations is approaching, every day matters. Don't wait another week. Don't wait to organize your paperwork. Don't wait to see if the insurance company finally makes a fair offer. Don't wait until you're done with treatment.
The worst thing that can happen if you call a lawyer is they tell you that you don't have a case or that you don't need their help yet. But if you don't call, you could lose your right to compensation forever.
Time is the one thing you can't get back in a personal injury case. Protect your rights. Call a personal injury attorney today and find out where you stand. A free consultation could save your case and your future.
Don't let time run out on your chance for justice. Give us a call at 505-416-4150.
