The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For these reasons, it is important to consult an attorney as early as possible to be sure you don't miss a crucial deadline.
In New Mexico, an action for personal injury or wrongful death generally must be brought within three years from the date when the cause of action accrues. In most cases the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. The time limits are extended for minors and incapacitated persons. For medical malpractice actions against qualified health care providers (those who participate in the state sponsored excess insurance plan), a minor under the age of six has until his ninth birthday to bring a lawsuit.
