Deadlines to File an Injury Lawsuit in New Mexico

Three years for an action for an injury to the person.

Four years for actions for injuries to property or conversion of personal property.

A malpractice claim against a health care provider must be filed within three years after the date the act of malpractice occurred (not from discovery). Minors and incapacitated persons get one year after reaching adulthood or the end of the incapacity.

Within three years after the cause of action accrues; the cause of action accrues on the date of death.

Under the Tort Claims Act, a written notice stating the time, place and circumstances of the loss or injury must be presented within 90 days after the occurrence: to the Risk Management Division for claims against the state, the mayor for a city, the school superintendent for a school district, the county clerk for a county, or the administrative head of another local body. Without notice (or the government's actual notice), no suit may be maintained; for wrongful death, notice may be given within six months. Liability is capped at $400,000 per person for general damages, $300,000 for medical expenses, and $200,000 per property for real property damage, with $750,000 total per occurrence for property and general damages. No punitive damages or pre-judgment interest.