Under New Mexico Statute § 37-1-1, a person only has three years from the date of an accident to file an action for personal injury. In addition, this law is also known as the statute of limitations, and some exceptions do exist to this time limit, including:
Children — Minors in New Mexico mean any person under 18 years of age, and a minor will have until one year after their 18th birthday to file suit in a personal injury case. When a minor is incapacitated, then the time limit is one year after the termination of the incapacity.
Medical Malpractice — A minor involved in a medical malpractice case will have until their 9th birthday when the victim was 6 years of age or younger.
Claims Against Government Entities — A victim will have to give notice (Tort Claims Notice) of a claim within 90 days of an incident to a designated official for the public entity to be named. So, after notice is given, victims will have two years after the incident to file suit.
Discovery Rule — New Mexico Statute § 37-1-8 states that the discovery rule applies to claims involving exposure to toxic mold, under which a cause of action will accrue when a victim knows, or with reasonable diligence should have known, of an injury and its cause in claims of exposure to toxic mold when a victim in a toxic mold case experiences physical symptoms that would cause an ordinary person to make an inquiry about the discovery of the cause of the symptoms.