A personal injury accident can turn your life upside-down in an instant. It disrupts your routines, plans, and goals until you can regain your health and a sense of normalcy in your life. Getting necessary medical treatment should be your top priority after an accident. But you cannot neglect your legal rights for monetary compensation. Too great of a delay in seeking legal advice and/or filing your personal injury lawsuit can cause you to miss out on your opportunity to recover any compensation at all.
Personal Injury Statute of Limitations in Texas and New Mexico
New Mexico and Texas have “statutes of limitations” that set forth the time in which individuals must file specific types of cases. There are specific statutes of limitation that also apply to personal injury cases.
New Mexico Statute of Limitations for Personal Injury
In New Mexico, personal injury victims must file their lawsuit seeking compensation for their injuries within three years of the date the personal injury accident occurs. For example, if you find yourself injured as a result of another person’s careless decisions or behavior on September 1, 2017, you would have until September 1, 2020 to file your personal injury lawsuit if the suit was to be filed in New Mexico.
Texas Statute of Limitations for Personal Injury
In Texas, the relevant statute of limitations is two years from the date of the personal injury accident. If a personal injury lawsuit is to be filed in Texas, you would only have until September 1, 2019 to file your suit for an accident that occurred on September 1, 2017.
What Happens If I Fail to Meet the Statute of Limitations?
Failing to file your case within the time allowed by the applicable statute of limitations can can result in a dismissal of your lawsuit. This means that the person responsible for your accident would not have to pay any compensation to you. This is the case regardless of the extent of your injuries or how clear the other person’s responsibility for your injuries might be.
Do Not Give Up Until You Speak with Your Personal Injury Lawyer
In both New Mexico and Texas law, there are a few exceptions to the statutes of limitations. These exceptions might permit you to file a personal injury lawsuit even though the statute of limitations might appear to have passed. Speak with Flores, Tawney & Acosta, P.C. as soon as possible to determine whether your lawsuit can proceed. We work hard on behalf of our clients to help them achieve the financial recovery they need. Schedule your initial consultation with us by contacting our Las Cruces office at (575) 222-1000 or our El Paso office at (915) 308-1000.