Bus accidents can cause serious injuries, whether they occur on city buses, school buses, or private shuttles. Injured persons can be left facing medical bills, lost wages, and long-term recovery challenges. One of the most important factors in protecting your right to compensation is understanding the time limits for filing a claim.
If you were injured in a crash, an experienced attorney who understands the importance of the Albuquerque bus accident statute of limitations could help you navigate the deadlines and preserve your rights. Our lawyers at NMAF are lifelong residents of the state who care deeply about our community. As local attorneys, we understand how state law sets deadlines for bus accident claims.
A statute of limitations is a legal deadline for filing a lawsuit, such as if you are injured in a bus accident in Albuquerque. According to New Mexico Statutes Annotated § 37-1-8, most personal injury claims, including those involving bus crashes, must be filed within three years from the date of the accident. If you do not file within this time frame, the court could dismiss your case, no matter how strong your claim may be.
For wrongful death cases involving bus crashes, the statute of limitations is also three years, but the time limit begins on the date of the victim’s death rather than the date of the accident.
Many bus accidents in the city involve public transportation, such as public buses or school buses operated by local districts. In the state, claims against government entities have stricter requirements and shorter notice periods. Under the NMSA § 41-4-15, you have two years to file your case against a government entity from the date of your injury. Before you may file your case, you must provide written notice of your claim to the government entity within 90 days of the accident if the injury victim is alive under NMSA § 41-4-16. In wrongful death cases, the notice period extends to six months from the date of death.
Failure to give timely notice may bar your right to recover compensation, even if you are within the three-year statute of limitations for your bus accident in Albuquerque. An experienced personal injury attorney could ensure that all notice requirements are met and that deadlines are not missed.
In rare circumstances, the statute of limitations may be extended or tolled. For minor victims, for example, the statute of limitations generally does not begin until they reach adulthood if the injured person is under age 18. For the discovery rule, the filing period may begin when the victim reasonably should have discovered the harm if injuries were not discovered right away. In the case of fraud or concealment, courts may allow additional time if the defendant intentionally hid wrongdoing.
As these exceptions are narrowly applied, it is essential to consult a knowledgeable attorney as soon as possible. Your lawyer could determine whether these exceptions to the statute of limitations might apply to your bus accident case in Albuquerque.
Understanding the Albuquerque bus accident statute of limitations is important to protecting your rights after a crash. Under state law, missing a deadline could prevent you from ever seeking compensation. As city locals, we take pride in helping our community pursue justice, and we are committed to helping injured neighbors navigate the state’s complex filing rules. If you or a loved one were injured in a bus accident, contact NMAF today. We could work to help you file your claim on time to get you the recovery you deserve.