What Is New Mexico Medical Malpractice Statute Limitations?
Like other types of personal injury cases, there are time limits on how long you have to file a medical malpractice claim. Learn more about the New Mexico Medical Malpractice Statute Limitations.
What Is New Mexico’s Medical Malpractice Statute of Limitations?
The area of medical malpractice is one that is complex in comparison to personal injury in general. In the state of New Mexico, there are very specific laws in place regarding the New Mexico Medical Malpractice Statute Limitations. The statute of limitations refers to the specific amount of time in which a person can file a medical malpractice lawsuit.
If you are planning on filing a medical malpractice lawsuit within the state, it’s important to hire a top-notch medical malpractice attorney in New Mexico. This lawyer has a slightly different level of understanding of these types of cases than that of a criminal defense attorney in Albuquerque, a personal injury attorney in Albuquerque, a wrongful death attorney in Albuquerque or an auto accident lawyer in Albuquerque.
How Long Is New Mexico’s Statute of Limitations for Malpractice Cases?
In New Mexico, the statute of limitations for bringing forth a medical malpractice case is three years. That means that the injured person has up to three years after their injury to file a lawsuit. If the case involves a child who was younger than 6 years old at the time when the injury occurred, the statute of limitations officially expires when the child turns 9.
In medical malpractice cases, it can be challenging to apply the statute of limitations because an injury can occur at one time but not be known until days, weeks, months or even years later. This is why it’s important to have a medical malpractice attorney from New Mexico representing you in this kind of case.
Are There Limits on Damages in New Mexico Medical Malpractice Statute Limitations?
The state of New Mexico has a set limit on how much a plaintiff can be awarded for a successful medical malpractice lawsuit. The limits apply to non-economic damages and some economic damages, including future medical bill payments. The cap on non-economic damages is $600,000 and includes compensation for pain and suffering, loss of consortium and other damages that come from medical malpractice issues.
The state also places a limit on the payment of future medical bills to the amounts that are incurred. That means the individual can only get compensation of an exact dollar amount instead of an estimated amount.
If you believe you have cause to file a medical malpractice case in Albuquerque, contact the Bowles Law Firm at your earliest convenience. CONTACT US HERERead More
What is a wrongful death suit?
If someone dies due to carelessness and misconduct of another, the victims surviving family members may file a wrongful death suit. This suit is a personal injury claim that the deceased person is no longer able to bring him or herself rather; the survivors of the departed must bring the claim to court, to establish liability and to seek damages.
Wrongful death claims in New Mexico fall under personal injury law and will proceed in a similar way in terms of the legal process, rules, deadlines and law.
The disparity lies majorly in the losses or damages. The damages in a wrongful death claim can be immense due to the loss of life and trauma the death of a loved one brings. Although damages are the main variant, there are a few special rules under the New Mexico Wrongful Death Act that must be rigorously followed in filing a lawsuit. Nonetheless, it is wise to consult a lawyer experienced in New Mexico wrongful death law to pursue a claim.
Who May File a Wrongful Death Case in New Mexico?
A wrongful death claim must be litigated by the personal representative of the deceased in New Mexico. In most cases, the personal representative may be the surviving wife/husband or adult siblings. If these persons cannot or will not serve as the personal representative, the court will appoint a personal representative on a motion. Any damages given as a result of the claim are held by the estate of the deceased for the benefit of surviving family members:
With reference to New Mexico right of representation laws, if the spouse of the deceased is without children, all damages go to the spouse. If there is no spouse but their children or grandchildren are alive, the damages are shared among the children or grandchildren. In cases where the deceased has no spouse or children or the children are underage, the childs parents receive the damages. If there are no surviving parents, damages go to the deceased siblings.
Wrongful Death Claims-statutes of limitation
New Mexico bylaws section 41-2-2 specifies that a wrongful death suit must be filed within three years of the deceased‘s death. it is advisable to consult a lawyer to determine precisely how the statute of limitations will affect the case.
Damages in New Mexico for wrongful death cases
The types of damages accessible to certain individuals depends on their connection to the deceased person. Damages generally available in a New Mexico wrongful death claim include:
- Funeral and burial expenses.
- Medical cost of the deceased last illness or injury.
- Mental distress caused by the death of a parent, child, or spouse.
- Financial donations to the household by the deceased.
- Loss of inheritance, pain suffered by the deceased before death.
In some New Mexico wrongful death claims, punitive damages are available. Punitive damages are different from common damages because they do not indemnify the family for its losses. Alternatively, punitive damages are awarded to punish particularly atrocious actions, such as intentional harm, reckless conduct or gross negligence.
Because of all of these factors, it is wise to consult lawyers experienced in wrongful death cases prior to proceeding with a claim. Bowles Law Firm is available to talk with individuals who believe they may have a wrongful death claim. For a free case evaluation, click here.