If the thought of filing a lawsuit against a corporation in New Mexico fills you with dread, you’re not alone. The challenges of a New Mexico corporation lawsuit can be enough to make you give up and accept your losses.
A better alternative to giving up is to settle your claim directly with the organization—this way, you don’t need to try to navigate the legal complexities. However, sometimes an agreement can’t be reached and this means you’re heading to civil court to file a lawsuit. So, how do you file a lawsuit in New Mexico?
Steps for Filing a Lawsuit Against a New Mexico Corporation
The precise process for filing a lawsuit differs depending on the type of case. The process is a little different for a product liability claim compared to a libel lawsuit. With that being said, all lawsuits against corporations in New Mexico follow some of the same basic steps.
Determine the Type of Claim
Before you can file a lawsuit, you need to know its basis, which is the reason you’re filing a claim. New Mexico law recognizes several types of lawsuits that can be initiated against a corporation. Some examples include:
- Personal injury
- Product liability
- Malpractice
- Premises liability
- Breaches of contract
- Workplace discrimination or harassment
- Nuisance
- Defamation or libel lawsuits
You can also file a fraud lawsuit if this applies to your legal situation. If the corporation violates civil statutes, this can be another reason to file a claim.
File Your Complaint
Once you know why you’re suing the corporation, it’s time to draft the complaint and file it in the appropriate jurisdiction. Your draft will list the reason why the complaint is being filed, along with a brief description of its basis. For example, if you’re filing a premises liability claim, you’ll include why this is the basis for your case.
The next step is filing the claim in the jurisdiction where the accident occurred. You can’t pick the jurisdiction at random or even choose the one closest to you. You must follow the law and file the case in the appropriate jurisdiction.
Serve the Defendant
Okay, the civil court system knows you’re filing a lawsuit, and now it’s time to alert the corporation named in your claim. The court usually takes care of serving defendants in civil lawsuits, but there can be exceptions.
Thankfully, serving a corporation with papers is relatively easy, and this may be the easiest part of the legal process. Most corporations have a dedicated registered agent who accepts all lawsuits and other legal documents for the company.
If you’re not sure who to serve, the Corporation of the Secretary of the State of New Mexico has a helpful database you can search.
Pre-Trial
You’ve served the defendant, in this case, the corporation, and now you can sit back and wait for a response. The defendant has some time to file their answer with the court, so don’t expect an immediate response. The corporation needs time to review your claim and form an appropriate response.
When they’re ready to reply, don’t be surprised if you find yourself sitting in negotiations. This is usually the next step in a lawsuit. Corporations prefer settling lawsuits out of court for several reasons. Going through a trial is expensive and time-consuming.
Depending on the basis of your case, the corporation may also be trying to avoid negative publicity. While this doesn’t give you much of an advantage during negotiations, you may be able to reach an agreement without going through a lengthy trial, which is also when the discovery phase of your lawsuit happens.
This is when you and the corporation request information from each other. You may need to see financial records, and the corporation wants to look at your medical records. Depending on what you share during discovery, you may be able to continue negotiating until a settlement is reached.
If there are any pre-trial motions, like the corporation asking the court to dismiss your claim, this usually happens along with the discovery phase.
The Trial
If you can’t reach a settlement with the corporation, the next step is going to trial. This is when your attorney argues your case before a judge or jury, the corporation’s lawyers offer a rebuttal, and a verdict is reached.
Can You File a Lawsuit Against Any Type of Corporation in New Mexico？
Some states, like Georgia, have exemptions for some entities like schools and government agencies. In New Mexico, the law is a little different.
You can file a civil lawsuit against any type of corporation that causes injuries or other damages to an individual, which includes for-profit companies, limited liability corporations (LLCs), and partnerships.
If you’re wondering if you can hold a non-profit or charity accountable for their negligent actions, the answer is yes. Government agencies are also liable if they violate civil statutes.
Does New Mexico Have a Statute of Limitations？
If you’re not sure what the statute of limitations means, it refers to the amount of time you have to file a lawsuit against a corporation. The statute of limitations usually kicks in on the date of the incident and stops once you file a lawsuit.
So, how long do you have to file a claim against a New Mexico company? The answer depends on the type of claim, but most have a three statute of limitations. If you wait longer than three years to file a claim, there’s a good chance your chance will be dismissed.
There can be exceptions to the statute of limitations. For example, the filing deadline may be extended if the plaintiff is a minor until they turn 18. However, it’s best to try to work within the statute of limitations to help ensure there are minimal hiccups with your claim.
Talk to an Attorney About Your Corporation Lawsuit
You don’t want to head to civil court without an attorney. The corporation will have legal representation, and you don’t want to risk your case.
Your attorney is familiar with New Mexico law and can help ensure you’re compensated for your damages. They can navigate the complexities of the legal system, advocate on your behalf, and present a strong case.
By having professional legal support, you increase your chances of achieving a favorable outcome and receiving the compensation you deserve.
