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New Mexico Injury Claim Rules

Rules cited to New Mexico’s statutes and case lawRules checked How we calculate

Fault rulePure comparativeYou can recover at any fault level. The award is cut by your share.Scott v. Rizzo, 96 N.M. 682 (1981)
Filing deadline3 yearsFrom the date of the injury.N.M. Stat. § 37-1-8
Minimum insurance25/50/10Per person, per crash, property. New Mexico is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

New Mexico personal injury settlementAny injury someone else caused, valued under your state’s fault rule.New Mexico car accident settlementInjury value plus your vehicle claim, with policy limits and no-fault rules.New Mexico truck accident settlementCommercial policies carry far higher limits. See what that changes.New Mexico motorcycle accident settlementSevere-injury ranges, fault disputes and the rider’s own coverage.New Mexico pedestrian accident settlementHit on foot, including crosswalk fault and your own auto coverage.New Mexico bicycle accident settlementCyclist claims under your state’s fault rule.New Mexico rideshare accident settlementUber and Lyft layered coverage, by the driver’s app status.New Mexico slip and fall settlementPremises claims, where proving the owner knew is half the case.New Mexico dog bite settlementStrict-liability and one-bite states, and the homeowner’s policy that pays.New Mexico wrongful death settlementLost support, household services and companionship, valued today.New Mexico pain and sufferingCompare the multiplier and per-diem methods side by side.New Mexico settlement offer checkerPlace an insurer’s offer inside your state’s range.New Mexico demand letterA ready-to-edit demand letter for the insurance adjuster.New Mexico filing deadlineYour last day to file an injury lawsuit, by state and claim type.New Mexico comparative faultHow your share of fault changes the award under your state’s rule.New Mexico policy limits and um/uim gapWhen the other driver’s policy runs out, and what your own covers.

This page collects the rules that decide what an injury claim is worth in New Mexico: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

New Mexico is an at-fault state, so claims are paid by the at-fault party’s insurer, and its pure comparative rule sets how much your own share of fault costs you.

New Mexico injury claim rules

Fault. New Mexico uses pure comparative fault. If a jury finds you 20% at fault, your award drops by 20%, and you can still recover something even if you were mostly to blame. Insurers still argue your share up, because every point of fault comes off the payout.

Filing deadlines. You have three years from the injury to file a personal injury lawsuit. Families have three years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. New Mexico is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $25,000 per injured person, $50,000 per crash and $10,000 for property damage, written 25/50/10.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. No dog bite statute. The owner is liable if they knew or should have known the dog was dangerous, or if they were negligent.

New Mexico injury claim questions

Can I still get a settlement in New Mexico if I was partly at fault?

Yes. New Mexico uses pure comparative fault, so you can recover even if you were mostly at fault. Your award is reduced by your percentage.

How long do I have to file a personal injury lawsuit in New Mexico?

three years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does New Mexico cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.