New Mexico Statute of Limitations Calculator

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 yearsPersonal injury. Wrongful death: 3 years.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.

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Type of claim
Your estimateNew Mexico · Filing deadline
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Enter the date of the injury and this calculator works out the last day to file an injury lawsuit in New Mexico. It uses New Mexico’s general three-year deadline and the three-year wrongful death deadline.

The date it gives is the general rule. Exceptions can pause or shorten the clock, and claims against government agencies need notice far sooner. If your date is close, call a lawyer this week.

New Mexico filing deadlines

Personal injury. The general deadline is three years from the date of the injury.

Wrongful death. Families usually have three years, counted from the date of death.

Minors. Most states pause the deadline for an injured child until the child turns 18, though medical malpractice and government claims often follow shorter rules. Check how this applies before relying on it.

Government claims. A claim against a city, county, school district or state agency usually requires a written notice of claim within months, long before the lawsuit deadline.

New Mexico filing deadline questions

What is the statute of limitations for personal injury in New Mexico?

three years from the date of the injury (N.M. Stat. § 37-1-8).

Is the deadline different for car accidents in New Mexico?

No. Car accident injury claims follow the same three years deadline.

How long do I have to file a wrongful death claim in New Mexico?

Usually three years from the date of death.

What happens if I miss the deadline?

The court will almost always dismiss the case, and the insurer no longer has a reason to settle. A few exceptions can pause the clock, such as the injured person being a minor, so talk to a lawyer quickly if the date is close or has passed.