This form is a general answer for use by a defendant in an action for personal injury.
New Mexico General Personal Injury Answer
State:
Multi-State
Control #:
US-PI-0021
Format:
Word;
Rich Text
Instant download
Description
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How to fill out General Personal Injury Answer?
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FAQ
The limitation period for personal injury claims is generally three years. This means claims must be commenced in the courts within three years from the date on which the accident or incident occurred in which the injuries were caused; or three years from the date of 'knowledge'.
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
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.
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.
Format your documents properly and include all required information. Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or ?serve?) one to the plaintiff or plaintiff's attorney.
A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against him shall serve an answer thereto within thirty (30) days after the service upon him.
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.
Here in New Mexico, you must report the accident immediately and you have 3 years to open a claim for any bodily injuries, and 4 years for any damages to your property. ing to the state, that date starts the day of your injury/ accident, or on the date, you discovered the injury.