Ask Grant: Is there a time limit for when I can file a personal injury claim?

Remember this segment is meant to help and educate you if you ever have a similar type of question but is not meant to be legal advice. If you have any additional questions or desire more information contact or call us at 505.235.6777. This weeks question covers personal injury claims, and whether or not there is a time limit to file.


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Yes. As there are various time constraints and other factors involved, it’s important that you seek the advice of an attorney immediately. The statute of limitations is the amount of time that you have to file suit against an individual or organization for injury or damages.

Most people think that they have plenty of time make decisions like this, but this isn’t always the case. For example, if you are hurt by a government entity, you have only 90 days to file a Tort Claim Notice.  Most claims for personal injury in New Mexico have a statute of limits of three years, but a qualified attorney will know all of the statutory deadlines and can also help direct the proper flow of your case.

In addition to meeting statutory time limits, injury victims can be mistreated or taken advantage of in an often confusing and corrupt system. Some medical and therapy treatment providers may render shoddy or second-rate service because they don’t like lawyers. Your attorney can help you stand up for your rights so that you aren’t treated like a second-class citizen.

Another common occurrence with treatment providers is with regards to billing. Some will bill the wrong insurance company in an attempt gain more money for the same service. This practice can result in their bill going to collections, which will have an adverse effect on your credit. Our firm’s standard practice is to not only protect our client’s rights but their credit rating as well. We will write letters to dispute these bills that have been sent to collections but were never the client’s responsibility to pay in the first place.

While you may have some time after your accident to start pursuing damages, waiting to seek representation is not a good idea. A qualified attorney will protect your rights from the start as well as do everything needed to collect evidence so that your case can reach a satisfactory resolution without worrying about the statute of limitations.


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