Accidents & Injuries in New Mexico

New Mexico Statutes Annotated Section 37-1-8 provides a three-year statute of limitations for personal injury claims. Claims against government entities under the New Mexico Tort Claims Act (NMSA 41-4-16) require a notice of claim within two years, but with strict procedural requirements that must be followed exactly. An attorney can help ensure the correct steps are taken.

Under New Mexico Statutes Annotated Section 41-3A-1, New Mexico applies pure comparative fault. Even if you are 90% at fault for an accident, you may still recover 10% of your damages from the other party. There is no fault percentage threshold that bars recovery entirely, making New Mexico more favorable to partially at-fault plaintiffs than most states.

No. New Mexico is a traditional tort (fault-based) state. The at-fault driver's liability insurance is responsible for compensating injured parties. New Mexico does not require mandatory personal injury protection (PIP) coverage, though uninsured/underinsured motorist (UM/UIM) coverage is required unless waived in writing.

New Mexico does not impose a general cap on compensatory damages in most personal injury accident cases. Government entity claims under the New Mexico Tort Claims Act are subject to maximum recovery limits that vary by claim type. Punitive damages are available in cases involving willful, reckless, or wanton conduct.