New Mexico Personal Injury Laws
New Mexico is one of the most plaintiff-friendly states for personal injury. It follows pure comparative fault with several (not joint) liability, meaning a plaintiff can recover even at 99% fault with damages reduced proportionally. There are no statutory caps on compensatory or punitive damages (except for claims against the government). The statute of limitations is 3 years for personal injury and wrongful death. New Mexico is a fault-based auto insurance state with 25/50/10 minimum liability requirements.
Last verified: 2026-02-25
Statute of Limitations
Personal injury and wrongful death actions must be filed within 3 years of the date the cause of action accrues.
Exceptions
Wrongful death claims must be filed within 3 years of the date of death. The discovery rule does not apply, but fraudulent concealment can toll the limitations period.
If the injured person is a minor or incapacitated at the time the cause of action accrues, the statute of limitations is tolled until the disability is removed.
Actions for injury to property, conversion, fraud, or unwritten contracts must be filed within 4 years.
Claims against governmental entities under the Tort Claims Act must be filed within 2 years after the date of occurrence giving rise to the claim.
Fault & Liability Rules
New Mexico follows pure comparative negligence with several liability. A plaintiff can recover damages even if 99% at fault, reduced by their percentage of fault. Joint and several liability is abolished except for intentional tortfeasors, vicarious liability relationships, strict product liability, and situations with a sound basis in public policy.
Damage Caps
New Mexico has no statutory cap on compensatory damages in general personal injury cases.
New Mexico has no statutory cap on punitive damages. Awards are subject to constitutional due process limits. Punitive damages are not available against government entities.
Claims against the government are capped at $300,000 for past and future medical expenses and $400,000 for all other damages. Punitive damages are not recoverable against governmental entities.
Auto Insurance System
New Mexico is a fault-based auto insurance state. The Mandatory Financial Responsibility Act requires minimum liability coverage of 25/50/10 ($25,000 per person, $50,000 per accident for bodily injury, $10,000 for property damage). UM/UIM coverage is required but may be rejected by the named insured.
Key New Mexico Statutes
Joint and several liability is abolished in comparative fault cases. Each defendant is liable only for their proportionate share of fault. Exceptions exist for intentional torts, vicarious liability, and strict product liability.
New Mexico retains the collateral source rule. Payments from collateral sources (insurance, benefits) are not credited against the tortfeasor's liability and generally cannot be introduced to reduce damages.
When death is caused by the wrongful act, neglect, or default of another, the personal representative may bring suit. There is no statutory cap on wrongful death damages.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at NMOneSource — New Mexico Statutes Annotated. For advice about your specific situation, consult a licensed attorney.
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