How Long After an Accident Can You Sue in New Mexico?

After a serious accident caused by someone’s negligence, you can file a personal injury claim.

When you’re involved in a serious accident your first priority is your health. If you have sustained significant injuries, you might be in a hospital for a long time and the only thing you’ll be able to think about is what the doctors say. However, as you slowly start to recover you’ll be faced with a pile of medical bills that need paying. 

After a serious accident caused by someone’s negligence, you can file a personal injury claim, with your insurance company or with that of the party responsible for the accident. You can also file a lawsuit, but you’ll need to talk to a knowledgeable New Mexico accident attorney first and see what they advise.

How long does it take to settle a personal injury claim?

This depends on how serious the accident was and what sort of damages you are claiming. A minor claim can be settled in as little as 30 days and you generally don’t need a lawyer for that. According to state regulations, an insurance company has 60 days to respond to a claim. This can turn into many months as the insurer has the right to ask for more time if their investigation requires it.

How can a personal injury lawyer help?

A good accident lawyer in Albuquerque, NM, can be of great help as they can take charge of all communications with the insurance company while you recover. They can speed up the process, but where their help is most important is the negotiation of a settlement. An attorney with many years of expertise in this area knows all the tricks insurance companies use to minimize the value of your claim or deny it altogether. 

Now, what it all comes down to is how much is the insurance company ready to offer. If it’s close to what your lawyer considers your damages are worth, you should take the settlement. If it’s way lower than what you deserve, you can file a lawsuit against the party responsible for your accident and their insurer.

What is the statute of limitations in New Mexico?

The statute of limitations is the time period during which you can file a personal injury lawsuit. 

• If you were injured in an accident you have three years to file a personal injury lawsuit. 
• Also, if a loved one died following an accident caused by someone’s negligence you have three years to reach out to a skilled lawyer and file a wrongful death lawsuit. 
• If the accident only caused property damage, the statute of limitations is four years. 
• Things are a bit different if the party you hold responsible for causing the accident is a governmental entity. For example, if your lawyers determine that your car crash was caused by poor road maintenance you could file a lawsuit against the local council. In this case, the statute of limitations is reduced to two years and you need to present them with a tort claim notice within 90 days from the date of the accident.