How Long Do I Have to File a Personal Injury Lawsuit in New Mexico and Texas?

There are limits on how long you can wait to bring a personal injury action.

A statute of limitations imposes a time limit on how long you can wait to file a certain type of legal action. This procedural rule is intended to prevent people from sitting on their legal rights. It is meant to encourage a person to take action and put the at-fault party on notice that you intend to hold them accountable for the damage they have done. It is also in place to protect the integrity of any evidence gathered.

In Texas, the statute of limitations on personal injury lawsuits is two years. This means that you have two years after the date of the accident to file the personal injury lawsuit. In New Mexico, you have three years from the date of an accident to file your lawsuit. Both states have some rare exceptions.

One is referred to as “the discovery rule.” If an injury or illness occurred over a period of time or cannot be pinned on a specific incident, this rule may apply. For example, if there was toxic mold at work that made you ill, the court could grant you an extension as to the statute of limitations. The court may allow you to bring a claim two years after it was “reasonably discoverable” that a certain hazardous condition caused your injury or illness.

The other exception applies to minor children. If a minor child is involved in an accident, the statute of limitations is “tolled” until he or she turns 18. Tolled means that the clock will not start to run. The minor has 2 years after he or she turns 18 to bring the personal injury action. New Mexico has a similar exception, however, the minor is only granted an additional year after turning 18 to bring the claim.

Failure to adhere to these statutorily imposed time limits will likely result in a New Mexico or Texas civil court refusing to hear your case. It does not matter how strong of case you have or how devastating your injuries and losses may be. Your case will not be heard.

Don’t let your right to monetary compensation be put in jeopardy by waiting too long. Contact the dedicated personal injury attorney at Lovett Law Firm as soon as possible. Attorney Rob Lovett represents the injured in both Texas and New Mexico. He will start working on your case right away. Contact us today for your free case evaluation.