Don't Let the Calendar Get Ahead of Your Claim

A car crash, a slip on someone else’s property, or a death in the family can leave you asking one urgent question: how much time do I have? If you’re reading this for a loved one, you may be doing it while still dealing with the injury itself.

The short answer is that New Mexico generally gives three years to file a lawsuit for an injury to the person. Claims against government bodies often have much shorter deadlines, so those rules need early attention.

The Short Answer: Three Years for Most Bodily Injury Claims

For most bodily injury claims in New Mexico, the lawsuit deadline is three years. The statute on injury to the person says actions against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity must be brought within two years after the liability of the principal or the person for whom they are sureties is finally established or determined by a judgment or decree of the court, and actions for an injury to the person or reputation of any person must be brought within three years, under NMSA 1978, § 37-1-8.

Which rule applies to your case depends on the facts, including who may be responsible.

A common mistake is treating the deadline as the time to start working on a case. It isn’t. The deadline limits when a lawsuit must be filed. Evidence can disappear long before that date, so waiting can shrink the time you have to build the case.

Wrongful Death Deadlines in New Mexico

A wrongful death lawsuit in New Mexico generally must be brought within three years after the death (NMSA 1978, § 41-2-2 — three years from the date of death). The statute says the cause of action accrues as of the date of death, under NMSA 1978, § 41-2-2.

Under NMSA 1978, § 41-2-1, a death caused by another person’s wrongful act, neglect or default can lead to a damages action against the person or company who would have been liable had the death not occurred, if that act would have entitled the injured person to sue had death not followed. The injured person’s death does not end that claim.

Families often assume the injury date starts the clock. For this rule, the date of death is the reference point. If someone was hurt first and died later, write down both dates now so nothing gets mixed up.

For the wider process and who may bring a claim, read our wrongful death guide for New Mexico.

When a Government Entity Is Involved: Notice and Shorter Deadlines

If a state agency, city, county or other public body may be responsible, the timeline gets much shorter. A lawsuit against a government entity or public employee for a tort generally must start within two years after the date of occurrence resulting in loss, injury or death, except that a minor under the full age of seven years has until his ninth birthday to file, under NMSA 1978, § 41-4-15.

Before that suit can go forward, you generally must give written notice within 90 days after the occurrence. The notice must state the time, place and circumstances of the loss or injury, under NMSA 1978, § 41-4-16.

Notice to the wrong office can cause trouble. A court generally can’t hear the suit unless notice was given or the government entity had actual notice.

Wrongful death claims against a government entity have their own notice window. Under the same statute, a wrongful death notice may be presented within six months after the date of the occurrence of the injury that caused the death. The consular officer of the deceased’s country may also present it. If the deceased had already presented a sufficient notice before death, no additional notice is needed.

A crash involving a government vehicle is a common example. Under NMSA 1978, § 41-4-5, the immunity granted under Section 41-4-4(A) does not apply to liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any motor vehicle, aircraft or watercraft. Don’t assume the usual three-year timeline applies just because the crash felt ordinary.

Situations That Can Change When the Clock Starts or Pauses

Several rules can extend or pause the clock in specific cases. Each one has conditions, so treat them as background, not as a plan to wait.

• Minors and incapacity. For minors and incapacitated people, NMSA 1978, § 37-1-10 extends the times limited for the bringing of actions by the preceding provisions of this chapter so they have one year after the incapacity ends to start the action. Under the Tort Claims Act, a child under seven has until the child’s ninth birthday to file, under NMSA 1978, § 41-4-15.
• Under NMSA 1978, § 41-4-15, actions against a governmental entity or a public employee for torts are forever barred unless commenced within two years after the date of occurrence resulting in loss, injury or death, except that a minor under the full age of seven years has until his ninth birthday in which to file. The statute provides that this subsection applies to all persons regardless of minority or other legal disability. Subsection A does not apply to any occurrence giving rise to a claim that occurred before July 1, 1976.
• Court orders. When an injunction or other lawful proceeding stops a case from being filed, that time is not counted, under NMSA 1978, § 37-1-12.
• What counts as filing. A case starts when the petition is filed with the proper clerk’s office, with intent that process issue right away, under NMSA 1978, § 37-1-13.

Practical Steps That Protect Your Deadline

Start a written timeline as soon as you can, while details are still clear.

• Write down the date, time, location and the people involved, including any witnesses.
• Keep medical records, police or incident reports, photos and bills together in one folder.
• Note the date of any occurrence involving a government body, since the 90-day notice window runs from that date.
• If you’re helping a family member, you can gather these records for them. Families handling a death claim can use the same list.

Check Your Dates With El Gringo Law

You may be dealing with a crash, a serious injury or a death you didn’t choose, and you may be reading this for someone else. If you’re unsure which deadline applies, we invite you to talk it through with us. Bring the date you were hurt or the date of death, if you have it.

Our first consultation is free, confidential, and without obligation to continue. You can reach us by phone, through our contact form, or by starting a chat.

Josh Wood, a lawyer with El Gringo Law who is licensed in New Mexico and Arizona, is responsible for this page. You can find the firm at elgringolaw.com.