After you have suffered an injury and are considering your options for seeking financial compensation, it is critical to understand that personal injury claims have time limits, and different types of personal injury lawsuits tend to have different “clocks” associated with them. In other words, the statute of limitations, or the amount of time you have to file a lawsuit, might be different from one type of personal injury claim to another. Our experienced New Mexico personal injury attorneys want to make sure you have the information you need so that you file your claim in a timely manner and do not risk ending up with a time-barred lawsuit.
Car Crash Claims and Other Accident Lawsuits
If you sustained a personal injury in an auto accident, you will likely start your claims process with an auto insurance claim. While New Mexico law does not have a statute of limitations for filing an auto insurance claim, you will likely need to file a claim within a certain amount of time according to the specific auto insurance policy. If you cannot obtain sufficient compensation through an auto insurance lawsuit, then you will likely have three years from the date of the collision to file a lawsuit against the at-fault party. In some cases, however, the statute of limitations may be shorter, especially if the lawsuit requires you to file a claim against a government entity.
Most other accident lawsuits that result in personal injuries will also have a three-year statute of limitations, and the clock will begin ticking on the date of the injury. For example, slips and falls, and other premises liability claims, also have a three-year statute of limitations in most cases.
Workers’ Compensation Claims in New Mexico
If your personal injury occurred on the job and you need to file a workers’ compensation claim in order to seek financial compensation for your workplace injury, then your timetable will be governed by New Mexico workers’ compensation law. When it comes to providing your employer with notice of your injury, New Mexico law requires injured workers to give written notice to a supervisor or employer within 15 days of suffering a job-related injury. However, in some cases, if you are unable to provide notice within 15 days, the notice requirement may be extended to 60 days. Yet you should never assume you have more than 15 days, and you should report the injury to your employer as soon as possible.
Once you provide appropriate notice of your injury, how much time do you have to file a workers’ compensation claim? There is a one-year statute of limitations on workers’ compensation claims in New Mexico.
Medical Malpractice Statute of Limitations
Medical malpractice injuries, or patient injuries arising out of medical mistakes or medical negligence, also have a three-year statute of limitations similar to many other types of personal injury lawsuits.
Contact a Santa Fe Personal Injury Attorney Today
If you sustained personal injuries and need advice about filing a claim, you should get in touch with a Santa Fe personal injury lawyer as soon as possible to ensure that you file your case in a timely manner. Contact Slate Stern Law to learn more about how we can help.