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What Is the Statute of Limitations for Wrongful Death in New Mexico?

In New Mexico, the statute of limitations for wrongful death is generally 3 years under NMSA 1978, § 41-2-2.

3 YEARS
Wrongful Death · New Mexico
✓ Verified Checked Sep 2026

Wrongful death Deadlines in New Mexico

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

In New Mexico, the statute of limitations for wrongful death is generally 3 years under NMSA 1978, § 41-2-2.

When does the clock start for wrongful death in New Mexico?

Three years from the date of death.

Can the New Mexico deadline for wrongful death be extended?

Repoint the URL to § 41-2-2.

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 wrongful death?

New Mexico's 3 years is among the longest in the country. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →

What Does Wrongful Death Cover?

Situations that typically fall under the wrongful death deadline in New Mexico:

01 Fatal vehicle or workplace accidents
02 Death from medical negligence
03 Death caused by a defective product
04 Death from criminal or intentional acts
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Other Filing Deadlines in New Mexico

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed New Mexico attorney can tell you the deadline that applies to your situation.
See every filing deadline in New Mexico, or compare wrongful death across all states.
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