How Long Do You Need to Wait After a Car Crash to Pursue a Claim?

by | Nov 27, 2023 | Car Accidents | 0 comments

Medical bills and lost wages tend to quickly accumulate after car accidents, and as these burdens begin to pile, you may wonder if you can begin pursuing a claim to recover these damages or if you need to wait for a certain amount of time before filing a lawsuit.

At Dominguez Law, our tough litigation team has extensive experience handling car accident claims in New Mexico. If there is one piece of information we would like for injured car accident victims to know, it is that time is of the essence with these types of claims. The sooner you are able to contact us, the more time we will have to strengthen your case and recover the maximum compensation you deserve for the harm you have suffered.

The Statute of Limitations for Car Accident Injury Claims in New Mexico

If you have been in a car crash in New Mexico, you have the right to seek compensation for your losses, including medical bills, lost wages, and pain and suffering. However, in New Mexico, like in many other states, there is a legal time limit within which you can file a personal injury claim to recover these damages after a car accident.

This time limit is known as the statute of limitations. In New Mexico, the statute of limitations for personal injury claims, including those arising from car accidents, is typically three years from the date of the accident. This means you have just three years from the date of the crash to file your claim. However, it is crucial to understand that the clock starts ticking as soon as the accident occurs, and waiting too long to pursue a claim can result in the loss of your legal right to seek compensation.

While the three-year statute of limitations is the general rule for personal injury claims in New Mexico, there may be some exceptions. For example, if the injured party is a minor at the time of the accident, the statute of limitations may be extended. Additionally, in car accident cases that also involve medical malpractice or product liability, different rules and deadlines may apply. It is essential to consult with an experienced personal injury attorney to understand the specific timelines that pertain to your case.

Why You Should Not Wait to File a Claim After a Car Accident in New Mexico

While the law may provide you with a three-year window to file a claim, it is generally not advisable to wait for an extended period. There are several reasons for this:

  • Insurance company tactics: Insurance companies may use any delay in pursuing a claim as an opportunity to challenge the validity of your case. They could argue that your injuries were not as severe as you claim or that they were caused by something other than the accident.
  • Evidence preservation: As time passes, evidence such as accident scene evidence, witness recollection, and crucial medical records may deteriorate or disappear. The sooner you initiate the claims process, the better your chances of preserving valuable evidence needed to support your claim.
  • Financial burden: Car accidents often result in medical bills and property damage expenses. Pursuing a claim quickly can help you seek compensation for these costs, easing your financial burden.
  • Delays in treatment: In some cases, delaying a claim may also result in delays in receiving necessary medical treatment due to insufficient funds. This can be detrimental to your well-being and long-term health.

After a car accident, consult with a personal injury lawyer right away. They can help you navigate the legal process, gather evidence, and ensure that you meet all necessary deadlines.

Pursue a Car Accident Injury Claim with Qualified Legal Counsel in New Mexico

In New Mexico, the statute of limitations for pursuing a personal injury claim after a car accident is typically three years. However, it is in your best interest to initiate the claims process as soon as you are able to do so. Waiting too long can jeopardize your case, making it challenging to secure the compensation you deserve.

Our compassionate and aggressive Dominguez Law personal injury attorneys can protect your rights and help you pursue a fair resolution after a car accident. Call (505) 850-5854 or fill out our convenient contact form to get started today. Our team also speaks Spanish.