In all New Mexico personal injury lawsuits, the plaintiff must commence their lawsuit within a certain amount of time. Under New Mexico Statutes section 37-1-8, the statute of limitations for a New Mexico personal injury lawsuit is three years. Section 41-5-13 provides the same three-year statute of limitations for New Mexico medical malpractice cases.
These deadlines are of critical importance to all New Mexico personal injury plaintiffs because a plaintiff’s failure to file their case by the relevant deadline will result in the case being dismissed. There are, however, exceptions to the general rules that govern when a case must be filed. For example, if the plaintiff is a minor, the plaintiff’s injuries are not immediately discovered, or the defendant has concealed some aspect of their own potential negligence, the statute of limitations may not begin to run until a later date.
Another interesting issue involving statutes of limitations is whether the parties can contractually reduce or extend the amount of time they have to file a lawsuit against each other. States vary on whether this is permitted, and the determination is very fact-specific. However, in a recent case, a court dismissed a plaintiff’s case based on her agreement to a reduced statute of limitations.