Learn about New Mexico’s personal injury laws, including damage caps, statutes of limitations, how to file a lawsuit, and more.
You've been injured in New Mexico—maybe in an auto accident, on a dangerous property, or by a careless doctor—and you're thinking about filing a personal injury (PI) insurance claim or a lawsuit. Before you do, take a few minutes to learn about the New Mexico laws and rules that might impact your case.
We'll walk you through the basics of New Mexico's PI laws, including the deadline for filing a lawsuit, what happens if you're partly to blame for an accident, caps on personal injury damages, and more.
New Mexico Personal Injury Statutes of Limitations
New Mexico has deadlines, called "statutes of limitations," to file personal injury lawsuits in court. The time limit starts to run when your claim "accrues." (N.M. Stat. § 37-1-1 (2023).) Most often, a PI claim accrues on the date you're injured—if you're aware of your injury when it happens. If you don't discover your injury until later, you might have more time to file.
Can you sue after the statute of limitations runs out? Probably not. Absent an exception that gives you more time (we discuss a few exceptions below), once the deadline expires, your right to sue is lost, forever.
Most PI cases. As a general rule, you have three years to sue the responsible party, called the "defendant." (N.M. Stat. § 37-1-8 (2023).) This three-year period also applies to defamation claims.
Medical malpractice claims. Special rules apply to New Mexico medical malpractice cases. You still have three years to file a lawsuit, but the limitation clock starts running on the date of the malpractice. Minors and people who are legally incapacitated—unable to care for themselves or manage their own affairs—might have more time to sue. (N.M. Stat. § 41-5-13 (2023).)
Extending the limitation period. In a few situations, New Mexico law "tolls" (temporarily pauses) or extends the statute of limitations. For example, the statute of limitations might be tolled if the defendant leaves New Mexico or goes into hiding. (N.M. Stat. § 37-1-9 (2023).)
Incapacitated persons and minors. A person who's incapacitated has one year after their incapacity ends to file a PI suit. (N.M. Stat. § 37-1-10 (2023).)
A minor (someone who's younger than 18) has until of the later of these dates to file:
- one year after the minor's 18th birthday, or
- three years after the date they're injured.
(See Gomez v. Chavarria, 146 N.M. 46, 50 (N.M. Ct. App. 2009).)
Suing the Government in New Mexico
Suing New Mexico or a local government in New Mexico isn't the same as suing a private individual or business. There are extra steps and special deadlines you'll need to follow.
Provide Written Notice of Your Claim
Within 90 days after the event that gives rise to your PI claim, you must give the government written notice of your claim. The notice should describe when, where, and how your injury happened, and should say how much compensation you're demanding. Importantly, giving the government written notice of your claim isn't the same as suing the government in court.
If you don't give the required notice, you're not allowed to sue unless the government has actual notice of your claim from another source. (N.M. Stat. § 41-4-16 (2023).)
File Suit Within Two Years
You have two years from the date of your injury to sue the government. Young children might have extra time to file. (N.M. Stat. § 41-4-15 (2023).)
Damages Are Capped
State law caps the compensation (called "damages") you can collect from the government in a PI case. Past and future medical expenses are capped at $300,000. Other damages, like lost wages, pain and suffering, emotional distress, and more are limited to $400,000. In addition, you can't collect punitive damages from the government. (N.M. Stat. § 41-4-19 (2023).)
What Happens If You're Partly to Blame for an Accident?
In a typical personal injury case, you have to show that the defendant's negligence (carelessness) caused your injuries. Quite often, the defendant will claim that you were negligent too, and that your negligence should reduce or eliminate the damages you can collect. This defense is called "comparative negligence," and it's available in New Mexico.
New Mexico has adopted a "pure" comparative negligence rule. If you're found partly to blame for an accident, your percentage share of the negligence reduces your damages. But as long as you're not 100% to blame, you can still collect some compensation.
How Do You File a Personal Injury Lawsuit in New Mexico?
A personal injury lawsuit is a type of civil court case. Civil cases are governed by the New Mexico Rules of Civil Procedure. Chances are you're not familiar with these rules, which are technical and can be difficult to understand. Your best chance of success will come from hiring an experienced New Mexico PI lawyer to handle the suit for you.
You start a New Mexico PI lawsuit by filing a complaint, most often in the proper district court. New Mexico law or the court rules might require that your complaint includes (or doesn't include) specific allegations. (See, for example, N.M. R. Civ. Proc. 1-008 (2023).) But in general, your complaint should describe, in separately numbered paragraphs:
- the parties who are involved in the case
- when, where, and how you were injured
- your injuries
- what the defendant did wrong to cause your injuries, and
- the relief (usually money damages) you want the court to award you.
Once you file your lawsuit, the court clerk will give you a summons—an order commanding the defendant to appear in court and defend the case. You'll need to arrange for "service" (delivery) of the summons and a copy of the complaint on the defendant. (See N.M. R. Civ. Proc. 1-004 (2023).)
Does New Mexico Cap Damages in Personal Injury Cases?
Yes. In addition to damage caps in suits against the government (mentioned above), New Mexico caps damages in medical malpractice cases. Note that punitive damages and damages for future medical care aren't subject to these limits.
Suits against individual providers. Damages in a malpractice case against an individual health care provider like a doctor, nurse, or physician's assistant are capped at $750,000. This limit is adjusted each year for inflation.
Suits against independent clinics. If your suit is against a clinic, surgery center, or urgent care facility that's not associated with a hospital, the damages you can collect are limited to $750,000. For injuries in 2024 and later, the cap is increased to $1,000,000. Beginning with injuries in 2025, this amount will be adjusted annually for inflation.
Suits against hospitals. For injuries in 2023, malpractice damages against a hospital (or a hospital-associated clinic) are capped at $4,500,000. The limit increases by $500,000 per year for injuries taking place between 2024 and 2026. After that, the cap is adjusted annually for inflation.
(N.M. Stat. § 41-5-6 (2023).)
Get Help With Your Personal Injury Case
We've explained some of the basic rules governing a New Mexico personal injury case. But if you've been injured and think you have a claim, there's much more you should know. Navigating your way through the statutes of limitations, comparative negligence rules, the rules of civil procedure and more is something you shouldn't try to do on your own. An experienced New Mexico personal injury lawyer can help you get a fair result in your case.
If you're ready to move forward, here's how to find an attorney who's right for you.
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