How To File A Sex Assault Lawsuit In New Mexico
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Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Seek justice for sexual assault with a lawsuit against the perpetrator
- You generally have three years to begin your claim
- Hiring an attorney can improve your chances of winning
For victims of sexual assault in New Mexico, the experience can have long-lasting and devastating impacts, often ranging from physical harm to emotional trauma. Fortunately, laws in New Mexico allow survivors of sexual assault to seek justice, holding perpetrators accountable for their actions through a sexual assault lawsuit.
Hiring a New Mexico personal injury lawyer is essential if you’re pursuing a sexual assault claim. They can assist you and guide you through the complex legalities involved with a sexual assault lawsuit. Here’s what you need to know about how to begin legal action after a sexual assault in New Mexico.
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Statute of Limitations to File Sexual Assault Lawsuits in New Mexico
While it can be difficult to come forward and face a perpetrator in court, time is of the essence for victims of sexual assault. This is because of the statute of limitations, which is the deadline that you have to file a claim.
It can be frustrating to know that you have a limited amount of time to begin legal action after such a harrowing experience, but the statute of limitations is vital for protecting your case. It helps ensure you have fresh evidence and access to any potential witnesses, which gives your claim the best chance of succeeding. If you wait too long to file, you can end up with a much weaker case.
In New Mexico, the statute of limitations for sexual assault lawsuits is three years. If you miss this deadline, you generally will not be able to recover compensation for the harm you faced.
Exceptions That May Extend the Deadline in New Mexico
If the sexual assault involves a minor, the timeline for New Mexico lawsuits is generally extended indefinitely. This means that you will be able to pursue the claim at any point, though it is always in your best interests to do so as soon as you can — by filing claims in a timely manner, you can ensure you have access to viable evidence and witnesses.
There may also be extensions to the statute of limitations under the discovery rule. For example, if you suffered injuries because of a sexual assault, such as rape, but you only discovered them later, then it may be possible to extend the deadline. Because of the complexities involved in this, it’s vital that you hire an attorney to help protect your rights.
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What Allegations Go Into a Sexual Assault Civil Lawsuit?
In a lawsuit for sexual assault in New Mexico, the allegations include engaging in sexual activity without a person’s consent or with someone who was incapable of granting consent. That can occur if the victim was incapacitated or not of the legal age. In New Mexico, the age of consent is 16.
How a Lawyer Can Help Survivors in New Mexico
Hiring an attorney to assist you after a sexual assault in New Mexico means having professional help with gathering pertinent evidence and proving that you did not consent. It can be very difficult to go through the incident again and have to handle the evidence on your own.
You may not have access to expert witnesses, either, who could offer their testimonies on how the assault impacted your life. An attorney will know the right people to speak with who can provide further proof that you deserve compensation.
Additionally, your lawyer can assist you in understanding the damages you may be entitled to. It’s not simple to calculate the exact amount you deserve for what you suffered, especially when it comes to your emotional pain. If you have not been able to pursue a career because of the trauma or your quality of life was reduced significantly, your lawyer can ensure that all of this is taken into account.
They will also help you understand if there are other parties you may be able to file against. In cases involving childhood abuse that occurred at school, for example, you may be able to hold the institution liable, too, through vicarious liability laws. The same is true if you were assaulted by clergy.
An attorney will know how to negotiate for a fair settlement to address all of your losses. Negotiating for a settlement in any case is contentious, but it can be brutal when it involves sexual assault in New Mexico. You could be accused of lying or exaggerating, and this can re-traumatize you if you don’t have a lawyer standing up for you.
With a lawyer by your side, you have a better chance of obtaining a significant settlement. That is not always the case if you attempt the process alone.
They will also know how to pursue a court case if a settlement isn’t an option. This process is particularly complicated, so you should never attempt it without representation.
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Fight for Compensation With Assistance From ConsumerShield
You deserve a trusted advocate in your corner at this difficult time. ConsumerShield connects people just like you with leading local attorneys who can help you begin a lawsuit against the perpetrator of the sexual assault you experienced. Contact our team to get started today.
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Frequently Asked Questions
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Yes. Both of these cases can occur at the same time. They do not influence each other.
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You can receive compensation for any wages you lost if you were not able to work as you recovered, as well as coverage for all of your medical expenses, including future needs. You can also obtain compensation for your pain and suffering.
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Every case is different. The more parties involved and the more complex the claim is, the longer it can take.
