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.

Do you have a legal question? Why not Ask Grant? Send us your questions via mail through our contact form or our Facebook page and someone from our office will give you Grant’s personal answer/opinion. Your question might even get featured next on our new Ask Grant section!

Personal Injury Law in a Competitive, Plaintiff Friendly Environment

Here in New Mexico, we have some of the best laws in the country if you are injured by someone else’s negligence. Hit by car? Lost an eye because of the product you purchased? Here in the Land of Enchantment, you have better protection than most of the country. What does this mean? It means that a lot of law firms from out of state open offices here to take advantage of our Plaintiff Friendly Environment. This creates a lot of competition in the legal world for your personal injury case. This can be good, as competition usually drives down prices. However, it also creates big law firms where you aren’t a person, you are just a set of facts and numbers. The Marek Law Firm prides itself on Client Focused Representation. We always consider your needs as a person, not just the facts of your accident.

It’s good to live in such a beautiful, diverse, multicultural state like New Mexico. If you are unfortunate enough to be injured here, well, you are better off than most. Make sure and sit down with an attorney you trust and who treats you like an individual, when hiring someone to look out for your best interests. If you know someone in trouble with the law or who has been injured recently, please refer them to the Marek Law Firm, where you are a person first.

Stay tuned for next week’s post: The Importance of Uninsured Motorist Coverage in New Mexico

Marek Law Firm focusing on Personal Injury

After several years in private practice, The Marek Law firm has shifted it’s main focus to Personal Injury. Please feel free to send all of your legal matters to our firm and if we don’t specialize in your case we will make sure to refer it to one of our trusted partners.

Never, ever, hesitate to obtain the advice of a trusted attorney if you have any legal matter. You’ll be glad you did.

Stay safe over the holidays and enjoy time with your loved ones.

Happy Holidays from the Marek Law Firm.

Marek Law Firm - Criminal Law and Personal Injury Attorney


Grant Marek is Your Personal Injury Attorney.