What Is the Statute of Limitations in New Mexico?
The statute of limitations is a legal principle that sets a time limit for filing a lawsuit or pursuing legal action. In New Mexico, like in other states, various types of cases are subject to specific statutes of limitations. These time limits vary depending on the nature of the case, and it is essential to understand them to protect your rights. This article will provide an overview of the statute of limitations in New Mexico and answer some frequently asked questions.
Civil Statute of Limitations in New Mexico:
In civil cases, which include personal injury, breach of contract, property damage, and other non-criminal matters, New Mexico has different statutes of limitations based on the type of claim. Here are some common civil statutes of limitations in New Mexico:
1. Personal Injury: The statute of limitations for personal injury claims in New Mexico is generally three years from the date of the injury or discovery of the injury. However, there are exceptions for medical malpractice cases, which have a shorter statute of limitations of only three years from the date of the act or omission giving rise to the injury.
2. Property Damage: The statute of limitations for property damage claims is four years from the date the damage occurred or was discovered.
3. Breach of Contract: The statute of limitations for breach of written contracts in New Mexico is generally six years from the date of the breach. For oral contracts, the statute of limitations is four years.
4. Fraud: The statute of limitations for fraud claims in New Mexico is four years from the date the fraud was discovered or reasonably should have been discovered.
Criminal Statute of Limitations in New Mexico:
For criminal offenses in New Mexico, the statute of limitations varies depending on the severity of the crime. The following are some examples:
1. Murder: There is no statute of limitations for murder or other violent felonies punishable by life imprisonment or death.
2. Rape and Sexual Assault: There is no statute of limitations for rape or sexual assault cases in New Mexico.
3. Other Felonies: For most other felonies, the statute of limitations is six years from the date the crime was committed.
4. Misdemeanors: Misdemeanors typically have a statute of limitations of two years from the date of the offense.
Frequently Asked Questions:
Q: Can the statute of limitations be extended or tolled in New Mexico?
A: Yes, there are circumstances in which the statute of limitations may be extended or tolled. For example, if the defendant is absent from the state or is intentionally hiding, the statute of limitations may be paused. Additionally, if the plaintiff is a minor or has a mental disability, the statute of limitations may be extended.
Q: What happens if I file a lawsuit after the statute of limitations has expired?
A: If you file a lawsuit after the statute of limitations has expired, the defendant can raise the statute of limitations as a defense. The court is likely to dismiss your case, barring any exceptional circumstances.
Q: Are there any exceptions to the statutes of limitations in New Mexico?
A: Yes, certain circumstances may lead to exceptions to the statutes of limitations. For instance, in cases involving fraudulent concealment or the discovery of an injury years after it occurred, the statute of limitations may be extended.
Q: Do the statutes of limitations apply to government entities in New Mexico?
A: Yes, the statutes of limitations also apply to lawsuits against government entities. However, there may be specific notice requirements and shorter time limits for filing claims against government entities, so it is crucial to consult an attorney to understand your rights and obligations.
In conclusion, understanding the statute of limitations in New Mexico is vital when considering legal action. These time limits vary depending on the type of case, and it is crucial to consult an attorney to ensure you meet all necessary deadlines. By being aware of the statute of limitations, you can protect your rights and make informed decisions regarding legal matters.