New Mexico Car Accident Lawsuit Deadlines

A serious car accident can lead to painful injuries, medical bills, and missed work. As you focus on your recovery, taking legal action might be the last thing on your mind. However, understanding New Mexico's statute of limitations for car accident lawsuits is crucial to protecting your rights and getting the compensation you deserve.

The experienced New Mexico car accident attorneys at Keller & Keller are here to guide you through the legal process and ensure you meet all necessary deadlines. We'll fight to hold the at-fault driver accountable and help you recover after a devastating crash.

What's the Statute of Limitations for Car Accident Claims in New Mexico?

In New Mexico, you generally have three years from the accident date to file a personal injury lawsuit against the at-fault driver. This time limit, known as the statute of limitations, applies to most car accident cases involving injuries, property damage, or wrongful death.

The three-year statute of limitations applies to drivers, passengers, pedestrians, bicyclists, and anyone else injured in the accident. If you lost a loved one in a crash, you have three years from the date of their death to file a wrongful death lawsuit, even if the death occurred sometime after the accident.

If you fail to file your lawsuit within the three-year window, the court will likely dismiss your case, and you'll lose your right to seek compensation through the legal system. That's why it's essential to consult with a knowledgeable car accident lawyer as soon as possible after the crash.

Caution: Auto Insurance Claims May Have Different Filing Deadlines

It's important to note that the deadline for filing a car insurance claim may be much shorter than the statute of limitations for lawsuits. Most insurance policies require you to report the accident quickly, often within days or weeks. Failure to promptly notify your insurer could jeopardize your ability to recover compensation through the claims process.

Are There Exceptions to the Three-Year Statute of Limitations Deadline?

While the three-year statute of limitations applies to most New Mexico car accident cases, there are some exceptions:

Claims against government entities. If a government vehicle or employee caused your accident, you must file a tort claim notice within 90 days of the incident. This shorter deadline applies to crashes involving city, county, or state vehicles, such as buses, police cars, or maintenance trucks.
Delayed discovery of injuries. In rare cases, the statute of limitations may be extended if you didn't immediately discover your accident-related injuries. However, proving a delay in diagnosis can be challenging, so it's best to seek legal guidance promptly after any crash.
Victims under 18. If the car accident victim is a minor, the three-year clock typically doesn't start until their 18th birthday. However, parents or guardians can file a lawsuit on the child's behalf before they turn 18.

Why Prompt Legal Action Matters in New Mexico Car Crash Claims

A three-year deadline might seem like plenty of time, but it's crucial to start building your case as soon as possible after the accident. Key evidence can disappear and witnesses' memories may fade. The sooner you involve a skilled New Mexico car accident attorney, the better your chances of securing strong evidence to support your claim.

Additionally, New Mexico follows a pure comparative negligence rule, which means your compensation can be reduced by your percentage of fault in the accident. Insurance companies may try to shift blame to you to minimize their payout. By involving an experienced lawyer early on, you can protect yourself against these tactics and fight for the full compensation you deserve.

Maximizing Your Car Accident Compensation

Beyond meeting legal deadlines, there are other steps you can take to strengthen your New Mexico car accident claim:

Seek medical attention immediately. Prompt medical care protects your health and creates a record linking your injuries to the crash.
Follow your treatment plan. Attend all follow-up appointments and therapy sessions to demonstrate the severity of your injuries and your commitment to recovery.
Document everything. Keep copies of accident reports, medical records, repair bills, and other evidence related to the crash and your losses.
Be cautious when communicating with insurers. The at-fault driver's insurance company may try to use your statements against you. Let your attorney handle these conversations to protect your interests.

At Keller & Keller, we understand the challenges faced after a serious car accident in New Mexico. We can handle every aspect of your case while you focus on healing, from investigating the crash to negotiating with insurers.

Before we look at the factors that determine the value of your car accident claim, know this: NO ONE can initially tell you what your car accident claim is worth; not until you tell your version of the story, liability is nailed down, your medical treatment is finished, and an experienced personal injury law firm has reviewed your case.

And it's ok not to have an immediate dollar amount thrown at you. After all, if your accident had a "price tag," then there would be no opportunity for you to present your particular case, meaning you'd potentially risk shorting yourself thousands of dollars, or the entire claim!

(Having settled thousands of personal injury cases, we are certain of one fact: No two clients are alike, no two car accidents are alike, no matter how similar they seem.)

Our firm's #1 goal is likely similar to your own at the moment: recover the maximum amount of compensation for the accident. The way to ensure you receive a fair settlement is to present a professional and persuasive case that is supported by medical documentation and measurable course(s) of treatment, e.g., physical therapy.

WHAT FACTORS CAN INCREASE MY CASE VALUE?

You're likely worried about hospital bills, property damage, lost wages, and a possible change in lifestyle, so a quick settlement may seem attractive. However, as time passes, most clients are thankful they took the time to consult with someone who could advise them of future factors that could potentially increase their case value.

Scenarios that can increase the value of a car accident case might include:

The client's injuries worsened over time, leading to unforeseen treatments and costly procedures.
The client didn't predict the type and/or duration of treatment their injuries required.
The client didn't anticipate the strain the accident would place on their personal life.
The client didn't account for the long-term psychological effects.

These points are common after-effects accident victims are unable to predict immediately following their accident, and the insurance company is going to try and settle with you before any of these scenarios occur.

Ultimately, your damages are likely to have additional value if presented to an insurance company by way of experienced legal representation. Having an attorney allows you to take the time you need to ultimately see the full picture of your claim, and remember, once you sign a release of all claims, you're essentially telling the insurance company they're "off the hook."

ARE SIMILAR ACCIDENT TYPES WORTH THE SAME AMOUNT OF MONEY?

Each person is unique, each accident is unique, every case has unique value, and there are no exceptions to this rule. Let's look at an example:

Driver A is a young pregnant female with no pre-existing medical conditions. She has been involved in a rear-end car accident collision. She was taken by ambulance to the hospital for examination of back and neck pain. The doctors diagnose her with whiplash and prescribe her a course of treatment that is consistent with the needs of her pregnancy. She completes treatment and is released soon after.
Driver B is a middle-aged male with prior back surgery. He has also been involved in a rear-end style car accident collision and is experiencing neck and back pain. He was not able to visit a doctor until two weeks after the crash due to fear of missing work and losing his job. When he is able to visit the doctor, he is diagnosed with whiplash and is prescribed a course of physical therapy. He is released soon after.

Let's also assume that Driver A and Driver B were rear-ended at the same spot on the same highway on the same day. Additionally, the vehicles that struck A & B were traveling at the same speed at the time of impact. Weather conditions were the same for both accidents, and both A & B and the adverse drivers have the same insurance companies, etc.

What does all this mean?

Despite everything we know about driver's A & B accident details, their claims will have different values!

Even with all the listed similarities, it's very unlikely that driver A & B will undergo the similar medical treatment for their injuries; respond to treatment in the same manner; or experience the same types of aggravation and frustration in the days and months after their accident.

IS IT TRUE THAT I'LL GET THREE TIMES THE MEDICAL BILLS FOR MY ACCIDENT CLAIM?

This "formula" is an estimate that has often been thought of by many as a way to value car accident claims. And though it is true that you may receive three times your medical bills, it's also just as likely that you'll receive more or less.

In short, never assume the value of your car accident claim is simply "3 x's your medical bills."

WHAT THINGS CAN I RECOVER FOR IN MY CAR ACCIDENT CLAIM?

There are typically 3 components we look to recover for in a personal injury case that arises from a car accident:

Past and future medical bills
Past and future lost wages, or loss of earning capacity
Past and future pain, suffering, disfigurement, and disability

Again, the numbered factors above don't apply to every case, and you should always have an experienced injury lawyer evaluate your specific claim.

IS THERE EVER AN INSTANCE IN WHICH I CAN IMMEDIATELY KNOW MY CASE VALUE?

Accidents that leave a person with traumatic injuries; broken bones; the need for surgery; permanent hardware; and/or cause death, may constitute what is known as a "policy limits demand."

In these instances, our personal injury attorneys will immediately notify the adverse insurance company of our representation of a client and ask that they send us what is known as a "certified declarations (DEC) sheet." This document will reveal the total amount of available dollars under the liable party's policy.

Once we receive the DEC sheet we will be able to tell you how much money is available, and whether or not your injuries justify asking for the entire amount. However, it will still be very difficult to predict the value of your car accident claim, because other factors will almost certainly play a role.

For instance, we may be able to reduce certain medical bills on your behalf so that you're not required to pay back the full amount, thus increasing your settlement. We may also be able to secure Underinsured Motorists Coverage (UIM) from your policy in the event that the adverse policy limits are inadequate.

ASK AN ATTORNEY TO REVIEW THE INSURANCE POLICY.

Asking an experienced personal injury attorney to examine an insurance policy ensures you aren't leaving money on the table. Policies can be confusing, full of difficult-to-understand contract language, some of which is applicable to your case, and some that isn't.

If your everyday job doesn't require you to review insurance policies, then your chance of fully understanding available coverage will be challenging. Fortunately, we have more than 75 years of locating and examining insurance polices for car accident victims, so we can help guide you and youir family in the right direction at no cost.

Ultimately, speaking with an experienced injury law firm about your case is an excellent step toward determining what your car accident case is worth.

How long do you have to file a car accident lawsuit in New Mexico?

What's the Statute of Limitations for Car Accident Claims in New Mexico?

Caution: Auto Insurance Claims May Have Different Filing Deadlines

Are There Exceptions to the Three-Year Statute of Limitations Deadline?

Why Prompt Legal Action Matters in New Mexico Car Crash Claims

Maximizing Your Car Accident Compensation

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