New Mexico Statutes of Limitations

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By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 14, 2024

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Whether you plan to file a car accident lawsuit or are waiting to see if the state will file charges against you, you must pay attention to the New Mexico statute of limitations. These laws limit how long you have to begin legal action.

People looking to sue for medical malpractice or personal injury should focus on the civil statute of limitations. New Mexico Statute §37-1-2, et. seq., outlines how long you have to file various types of civil cases. This includes tort claims, personal injury claims, and other causes of action.

If the police arrested you for a crime recently, you may wonder how long it will be before they pursue the criminal charges. For this, you must turn to New Mexico’s criminal statutes of limitation. These statutes specify how long the state has to prosecute your case.

Here, we’ll briefly discuss how both statutes of limitations work. We will also provide links to other FindLaw articles on these and related topics. If you still have questions about your state laws, consult an experienced personal injury lawyer or criminal defense attorney near you.

New Mexico Statutes of Limitations at a Glance

You may wonder why the courts put strict time limits on filing personal injury cases. You’re also probably wondering why lawmakers would want to limit prosecutors' time to bring offenders to justice.

We have statutes of limitations so the justice system is fair to everyone. For example, if someone robs a bank, why would the state want to push the prosecutor to charge them so quickly? Wouldn’t it be better if the state allowed prosecutors to wait to pursue their cases against a defendant until they have all the evidence?

Regardless of the type of suit, lawmakers want to ensure that the legal process is fair. Imagine that you suffer a head injury in a car accident. You want to sue the other driver, but your personal injury attorney suggests you wait until you know the full extent of your injury and property damage.

While it does make perfect sense, the courts don’t think it’s fair that a would-be defendant in a personal injury case gets taken by surprise years after the crash. This is why there is a three-year statute of limitations for personal injury cases. The courts feel that three years is plenty of time for a plaintiff to discover their injuries and launch their case against the responsible party.

In criminal cases, lawmakers believe it isn’t fair for someone to have criminal charges hanging over their head forever. This is especially true for petty misdemeanors. Also, evidence becomes stale over time. The courts want to ensure that juries decide guilt based on the best evidence. This means that prosecutors must pursue criminal charges sooner rather than later.

Civil Statutes of Limitations

New Mexico Statutes Annotated (NMSA) §37-1-2, et. seq., governs the civil statutes of limitation. Generally, all cases involving personal injury have a three-year statute of limitations. The time limits range from three years for a wrongful death claim to 14 years for civil judgments.

The clock starts ticking on the day of your accident or injury. For example, if you’re in a car accident on June 1, 2025, you’ll have three years from that date to file your car accident lawsuit. If you want to sue your neighbor for damage to your home, you’ll have four years to file your claim.

Criminal Statutes of Limitations Period

Criminal statutes of limitation work the same way as civil statutes of limitations. The state has a specific amount of time from the date of the crime to file charges against the alleged offender. Some crimes, like capital felonies, have no time limit. If it takes the prosecutor 10 years to gather enough evidence to prove a first-degree violent felony, that’s fine. There is no filing deadline for these crimes.

If the police arrest you for a fourth-degree felony, such as larceny or aggravated assault, the state must file charges within four years. N.M. Stat sections 30-1-8 to 30-1-9.2 cover the filing deadlines for felonies and misdemeanors. The state will have three years to prosecute if there is no specific statute of limitations for a particular crime.

How Can a New Mexico Lawyer Help?

You must follow specific rules if you plan on suing someone for damages. The same is true for prosecutors looking to pursue criminal charges against an alleged defendant. If you wish to file a personal injury case, you must do so before the civil statute of limitations period expires. But if you fear the state will file felony or misdemeanor charges against you, you should be aware of how long they have to do that.

The legal process can be overwhelming. You should seek legal advice from a criminal defense attorney or personal injury lawyer sooner rather than later. They’ll ensure you meet the court’s filing deadlines or, if need be, check that the state isn’t pursuing charges beyond the criminal statute of limitations period.

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