Personal injury law in New Mexico
How long you have to file, how shared fault is treated, whether New Mexico is a no-fault auto state, and what damages caps can limit a jury award. Every figure sourced.
Key rules at a glance
| Statute of limitations | 3 years Government claims: 90-day notice. |
|---|---|
| Negligence rule | Pure comparative negligence Pure comparative negligence under Scott v. Rizzo, 96 N.M. 682 (1981). |
| Auto no-fault | No |
| Damages caps | Medical malpractice damages cap under NMSA § 41-5-6 (adjusts annually). Medical malpractice damages cap under NMSA § 41-5-6 (adjusts annually). |
What the filing deadline means in New Mexico
Personal injury claims in New Mexico must generally be filed within 3 years of the date of injury. Government claims: 90-day notice. If you miss the statute, the claim is time-barred regardless of how strong it is. Discovery rules can shift the start date for latent injuries, and government claims often carry much shorter notice deadlines (sometimes 60 to 180 days).
How shared fault works under pure comparative negligence
Your recovery is reduced by your percentage of fault, even if you were 99% at fault. Pure comparative negligence under Scott v. Rizzo, 96 N.M. 682 (1981).
Practical effect: if a jury values your case at $200,000 and assigns you 30% of the fault, you recover $140,000 (70% of the verdict).
Damages caps in New Mexico
Medical malpractice damages cap under NMSA § 41-5-6 (adjusts annually).
A cap does not change the value of your injuries; it changes what a jury is allowed to award. Caps most often apply to non-economic damages (pain and suffering) and to medical malpractice cases. Economic damages, like medical bills and lost wages, are generally not capped.
Case types in New Mexico
These case-type hubs explain how settlement value is built and how each type interacts with New Mexico's rules above.
Related reads
How New Mexico's pure comparative negligence rule shapes auto settlement value.
Multi-party liability, FMCSA regulations, and the 30-day evidence window.
Helmet laws, anti-rider bias, and how comparative fault hits riders.
Premises liability and the negligence elements you must prove.
Standard of care, statute of repose, and New Mexico's med-mal caps.
Workers' comp vs third-party liability claims.
Strict liability vs one-bite rule by state.
Who can file and what damages are recoverable.
Frequently asked questions
Sources
Want a different state? See all 50 state hubs.