Suing the Government in New Mexico — Injury Case Guide
Can You Sue the Government in New Mexico?
Yes—but under specific conditions with strict procedural requirements. New Mexico has waived sovereign immunity for certain personal injury torts under the New Mexico Tort Claims Act (NMSA §§ 41-4-1 through 41-4-30). Without the Tort Claims Act waiver, government entities would be completely immune from personal injury lawsuits.
The 90-Day Notice Requirement: NMSA § 41-4-16
Under NMSA § 41-4-16, any person with a claim against a New Mexico government entity must serve a written notice of claim within 90 days of the date of the accident or injury. This notice must include:
- Your name and address
- The date, time, and location of the accident
- The nature of the injury or damage
- The circumstances that caused it
- The amount of damages claimed
The notice is served on the government entity’s legal representative—for a city, typically the city clerk; for a county, the county clerk; for the state, the New Mexico Risk Management Division. Serving the wrong office is fatal to the claim.
After serving the notice, the lawsuit must be filed within two years of the date of the injury (NMSA § 41-4-15), not the standard three years for private-party PI claims.
What Conduct Is Covered by the Tort Claims Act?
The Act does not waive immunity for all government conduct. Immunity is waived for specific categories including motor vehicle accidents involving government-owned vehicles, premises liability on government property, and certain negligent acts by government employees. Discretionary functions (policy decisions) remain immune.
Example Scenario
An Albuquerque city bus driver runs a stop sign and hits Javier’s vehicle on January 10. Javier must serve a written notice of claim on the City of Albuquerque’s city clerk by April 10 (90 days). If Javier waits until August to see an attorney, the notice window has closed and his claim against the city is permanently barred—even though the city bus driver was clearly at fault.
Frequently Asked Questions
What happens if I miss the 90-day notice deadline in New Mexico?
The claim against the government entity is permanently barred. New Mexico courts enforce the 90-day deadline strictly. There is no general exception for ignorance of the requirement. Minors may be entitled to additional time, and certain discovery-based exceptions exist for latent injuries—but these are narrow. Contact an attorney immediately if a government entity may be involved.
Does the New Mexico Tort Claims Act cover tribal government employees?
Tribal governments have their own sovereign immunity and are generally not covered by the New Mexico Tort Claims Act. Claims against tribal entities are governed by tribal law and any applicable federal waivers of tribal immunity—a distinct and complex legal area requiring specialized counsel.
Injured by a government vehicle or on government property in New Mexico? Call El Gringo Law at (505) 207-5000 for a free case review.
