What Is the Statute of Limitations for Personal Injury in New Mexico?
In New Mexico, the statute of limitations for personal injury is generally 3 years under NMSA 1978, § 37-1-8.
Personal injury Deadlines in New Mexico
How long do you have to file a personal injury claim in New Mexico?
In New Mexico, the statute of limitations for personal injury is generally 3 years under NMSA 1978, § 37-1-8.
When does the clock start for personal injury in New Mexico?
Three years for injury to the person.
Can the New Mexico deadline for personal injury be extended?
The annotations state expressly that the three-year period "does not apply to actions lying in contract." Section 37-1-10 tolls for minority and incapacity. Note the Tort Claims Act gives only two years under § 41-4-15, and § 37-1-24 reportedly imposes a one-year limit on negligence suits against a city, town or village.
Is the deadline different if the claim is against the government in New Mexico?
Often, yes. Suit within 2 years under the Tort Claims Act under NMSA 1978, §§ 41-4-15, 41-4-16. The New Mexico Tort Claims Act allows two years to bring suit under § 41-4-15, cutting the general three-year injury period. Cozart v. Town of Bernalillo holds this two-year period, rather than the one-year limit in § 37-1-24 for suits against a city, town or…
How does New Mexico compare to other states for personal injury?
New Mexico's 3 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for personal injury ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Personal Injury Cover?
Situations that typically fall under the personal injury deadline in New Mexico:
