You may be time-barred from filing a wrongful death lawsuit in New Mexico

On Behalf of | Sep 28, 2021 | Wrongful Death

Losing a loved one can be a heartbreaking and emotional moment for anyone. The loss may be even more profound if another party’s negligence caused the death because of the thought that it could have been avoided had they not acted negligently.

Under New Mexico laws, you can hold the party liable and sue for wrongful death. While no amount of compensation can bring your loved one back, moving on with life involves getting some semblance of justice for the deceased. However, it is essential to note that time is not on your side.

New Mexico statute of limitations

The statute of limitations sets the time allowed for either party in a civil dispute to seek redress in a court of law. Every state has this legal deadline beyond which you cannot file a personal injury claim. Wrongful death falls in the more comprehensive personal injury branch of law, and in New Mexico, the legally specified time is three years from the date of the incident. For legal action against government bodies or entities, this legal window is only open for two years.

Going beyond this legally prescribed period may see your case dismissed on a time technicality.

There may be exceptions

Depending on the circumstances surrounding the wrongful death, there may be exceptions to the statute of limitations. Such instances may include wrongful death as a result of medical malpractice or homicide. Some of these cases may take some time to investigate and conclude. Here, the legal clock may start running upon discovering of the negligent act or omission that led to the wrongful death.

Being aware of the legal landscape around a wrongful death lawsuit may increase the likelihood of a desirable outcome for your case in pursuit of justice.