New Mexico Personal Injury Statute of Limitations
Negligence / Personal Injury - 3 years with Discovery Rule.
Wrongful Death - 3 years from date of death with Discovery Rule.
Medical Malpractice - 3 years with Discovery Rule. If plaintiff is under age 6 at time of act, he/she has until 9th birthday to bring action. Damages limited to $600,000 excluding punitive damages. If injury is latent, discovery rule generally controls when limitations period begins to run.
Products Liability - 3 years with Discovery Rule.
Intentional Torts - 3 years
Municipal Liability/Sovereign Immunity - Limited by statute.
Discovery Rule - Standard Discovery Rule in NM. Adopted by statute for fraud, mistake and injury to or conversion of property.
Disabilities - Infants (18th birthday), incompetents, and insane persons are allowed 1 year after termination of disability unless against governmental entity, then minors under 7 have until 9th birthday, otherwise, 2 year limitation applies.
Punitive Damages - In contract of tort where wrongdoer has culpable mental state and conduct rises to willful, wanton, malicious, reckless, oppressive, or fraudulent level. Punitive damages cannot be recovered from estate of deceased tortfeasor.
New Mexico Legal Resource
New Mexico Cities : Personal Injury
- Alamogordo
- Albuquerque
- Anthony
- Artesia
- Belen
- Carlsbad
- Clovis
- Corrales
- Deming
- Espanola
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- Farmington
- Gallup
- Grants
- Hobbs
- Las Cruces
- Las Vegas
- Los Alamos
- Los Lunas
- Lovington
- Raton
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- Rio Rancho
- Roswell
- Ruidoso
- Santa Fe
- Silver City
- Socorro
- Taos
- Truth or Consequences
- Tucumcari
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