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What Is the New Mexico Personal Injury Statute of Limitations? If you sustained injuries in a personal injury accident, you typically have three years to file a lawsuit from the date of the accident. That covers various claims, including auto accidents, slip and falls, dog bites, medical malpractice, etc.
In New Mexico, you have 3 years to file a personal injury claim and 4 years to file a property damage claim. The clock on these time limits starts from the time you sustained your injury or when a reasonable person would have discovered the injury or property damage.
Unlike many other states, New Mexico is a pure comparative negligence state. Under this legal theory, the amount that you would be entitled to in a claim settlement is reduced by the percentage of your fault in causing your injuries.
The Insurance Claim Timeline in New Mexico Under New Mexico law, insurance companies have 60 days to issue a decision in a car accident claim. Some cases take less time to resolve, especially if the at-fault driver does not dispute the claim and the victim does not require significant amounts of damages.
You can start a compensation claim for a slip, trip or fall if you've been injured in an accident that wasn't your fault, and you can prove that someone else's negligence caused the accident. There is no set amount of compensation for an injury caused by a slip, trip or fall.
Time limits The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.
In New Mexico, the law gives you three years to file a personal injury case for a slip-and-fall accident. Slip-and-falls often fall under premises liability, but the government could also be liable if your fall occurred on government property or in a public place that the government is responsible for maintaining.