Did I wait too long to file after my kid got hurt in a Clovis crash?
The worst mistake people make is assuming a child's case can wait forever because the kid is a minor.
What should have happened right away: after the Clovis crash, the injury should have been documented, the child checked by a doctor, and the report number saved from Clovis Police Department or New Mexico State Police if it happened on a highway like US-60/84. If a school bus, public school vehicle, city vehicle, or government daycare was involved, written notice should have gone out fast because New Mexico government claims can trigger a 90-day notice deadline.
What to do now: find out who may be responsible. That changes the clock.
- For most regular injury claims in New Mexico, the adult deadline is 3 years from the injury date.
- For an injured minor, the normal deadline may be paused, so the child can have more time than an adult.
- But if the claim involves a public school, school district, city, county, or state agency, do not count on that pause. The 90-day notice rule can wreck the case early.
- A private daycare is different from a public one; the short government notice rule usually matters only if the defendant is governmental.
If you are a gig driver parent in Clovis and the crash happened during a DoorDash, Uber, or Flex run, that does not turn your child's injury claim into workers' comp. It is still about the at-fault driver, business, school, daycare, or government entity.
What comes next: gather the crash report, ER records, pediatric follow-up notes, photos, insurance letters, and any school or daycare incident report. If an insurer wants to settle your child's claim, New Mexico usually requires court approval before a minor's settlement is finalized, especially if the amount is more than small reimbursement money for medical bills.
If the injury happened anywhere near a school or daycare in Clovis, treat it like the deadline might be now, not later.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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