{"id":375113,"date":"2016-03-31T21:36:01","date_gmt":"2016-04-01T02:36:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-civil-statute-of-limitations-laws.html"},"modified":"2024-11-14T15:03:18","modified_gmt":"2024-11-14T20:03:18","slug":"new-mexico-civil-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-civil-statute-of-limitations-laws.html","title":{"rendered":"New Mexico Civil Statute of Limitations Laws"},"content":{"rendered":"\n
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New Mexico Civil Statute of Limitations Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Civil statutes of limitations dictate how long you have to file a civil action. The clock starts on the date of your accident or injury. These time limits are important because the court will dismiss your case if you miss the filing deadline.<\/p>\r\n

Even if the court doesn’t automatically reject your civil complaint, the defendant will notice that you’ve missed the statutes of limitations filing time period. They will then file a motion to dismiss with the district court. The judge will have no choice but to honor their request.<\/p>\r\n

Here, we’ll discuss the civil statutes of limitations in New Mexico. We’ll describe the various types of civil claims and explain the statutes of limitations for each.<\/p>\r\n

When Does the Statute of Limitations Begin?<\/b><\/h2>\r\n

The civil statute of limitations in New Mexico starts on the day of your injury or accident. If the injury isn’t the kind a person would quickly discover, the clock will not begin until the victim realizes they’re hurt.<\/p>\r\n

For example, imagine a girl having a tonsillectomy when she was 11. She had a car accident 10 years later. An x-ray shows a metal object lodged in her throat from the tonsillectomy. The statute of limitations<\/a> for a medical malpractice claim against the tonsillectomy surgeon would start on the day the victim discovered the metal object.<\/p>\r\n

Let’s consider a similar situation. Imagine the girl in the above example has had throat trouble for years but did nothing about it. In this example, the girl’s failure to see a doctor about her throat discomfort may bar her claim.<\/p>\r\n

The notion that the limitations period doesn’t start until the injured party notices they’ve suffered harm is called the "Discovery of Harm<\/a>" rule. This rule rarely comes into play in personal injury claims like car accidents and slip-and-falls. It’s more common in medical malpractice, dangerous drugs, and product liability cases. Suppose your personal injury lawyer can prove that a reasonable person would not have discovered their injury until long after the incident. In that case, the judge should toll the statute of limitations period.<\/p>\r\n

Extending the Statute of Limitations<\/b><\/h2>\r\n

Sometimes, the statute of limitations for civil actions starts later. When this happens, the courts "toll<\/a>" the statute of limitations.<\/p>\r\n

One reason the court may toll the statute of limitations is when the victim is a minor or suffers from mental or physical incapacity<\/a>. For example, if someone has a disability, the courts won’t have the clock start until the disability is gone. As for cases involving minors, the clock will start when they reach the age of majority<\/a> (which is 18 in New Mexico.)<\/p>\r\n

Under New Mexico Statute \u00a737-1-10<\/a>, you only have one year to file suit after you turn 18 or resolve your incapacity. For example, even though you usually have three years to file your car accident lawsuit, if you’re a minor at the time of the crash, the statute of limitations will not start until your 18th birthday. Once you turn 18, you’ll only have one year, not three, to file your legal action.<\/p>\r\n

New Mexico Statute of Limitations at a Glance<\/b><\/h2>\r\n

If you have a valid legal claim against a defendant or insurance company, you must file your lawsuit on time. If you miss the statute of limitations deadline, the court will dismiss your claim and lose your right to recover damages.<\/p>\r\n

The following chart lists the statutes of limitations<\/a> for the most common types of civil cases in New Mexico.<\/p>\r\n\r\n
Fraud<\/th>\r\n

4 years (NM Stat. \u00a737-1-4<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Libel or slander<\/th>\r\n

3 years (NMS \u00a7 37-1-8<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Personal injury<\/th>\r\n

3 years (NMS \u00a737-1-8<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Personal property damage<\/th>\r\n

4 years (NMS \u00a7 37-1-4<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Trespass<\/th>\r\n

4 years (NMS \u00a7 37-1-4<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Professional malpractice<\/th>\r\n

Medical Malpractice: 3 years (NMS \u00a741-5-13<\/a>)<\/p>\r\n

Legal Malpractice: 4 years<\/p>\r\n<\/td>\r\n<\/tr>

Debt collections<\/th>\r\n

4 years (NMS \u00a7 37-1-4<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Contracts<\/th>\r\n

Written contracts: 6 years (NMS \u00a737-1-3<\/a>)<\/p>\r\n

Oral contracts: 4 years (NMS \u00a737-1-4<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Wrongful death<\/th>\r\n

3 years (NMS \u00a741-2-1<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Judgments<\/th>\r\n

Court judgment: 14 years from the date of judgment (NMS \u00a7 37-1-2<\/a>)<\/p>\r\n

Written contracts: 6 years (NMS \u00a7 37-1-3<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Child sexual abuse<\/th>\r\n

There is a three-year statute of limitations for cases involving child sexual abuse (or before the victim\u2019s 24th birthday), whichever comes first. The three years start on the date the victim reports the abuse to law enforcement or health care provider. (NMS \u00a737-1-30<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Other actions<\/th>\r\n

Typically, the statute of limitations for other types of civil actions is four years (NMS \u00a7 37-1-4<\/a>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Disclaimer: State laws change all the time. Contact a New Mexico <\/i>personal injury attorney<\/i><\/a> or conduct legal research to verify these laws.<\/i><\/p>\r\n

Contact a New Mexico Personal Injury Attorney for Help<\/b><\/h2>\r\n

If you believe you have a valid cause of action against a third party or an insurance company, speak with an experienced attorney<\/a>. If you wait too long, you’ll lose your chance of suing for damages<\/a>.<\/p>\r\n

Attorneys who spend their careers handling personal injury cases are familiar with the court rules. They know what the statutes of limitations for personal injury claims are. They’ll make sure you file your personal injury lawsuit within the period of time imposed by the New Mexico courts. This way, you have the best possible chance of recovering compensation for your injuries.<\/p>\r\n

Related Resources<\/b><\/h2>\r\n