The most expensive mistake we see is not a bad settlement. It is a good case that was filed a week too late. New Mexico has one general deadline for injury claims and a handful of shorter ones that catch people by surprise. Here is each of them, with the statute it comes from.
The general rule: three years
Section 37-1-8 of the New Mexico Statutes sets the limit for "an injury to the person" at three years. That covers car and truck crashes, falls, dog bites, assaults, and most negligence claims against private people and businesses. The New Mexico Supreme Court has held that the clock starts at the time of injury, not the time of the careless act, and that the three-year rule follows the substance of the claim even when a lawyer dresses it up as a contract or warranty case.
If the injury was not obvious at first, New Mexico applies a discovery rule. The period begins when you knew, or reasonably should have known, that you were hurt and what caused it. The Court of Appeals applied that rule in a toxic mold case, Gerke v. Romero, and it applies to defective products as well. Do not count on it. Courts apply it narrowly, and the safest date to plan around is the date of the accident.
Wrongful death: three years from the date of death
Under Section 41-2-2, a wrongful death action must be filed within three years, and the statute says plainly that the cause of action "accrues as of the date of death." That is different from the injury rule, and it matters when someone survives a crash for months before passing away. New Mexico courts treat this deadline as a limit on the right itself, not just the remedy, so a late claim is gone. The one exception the Supreme Court has recognized is fraudulent concealment, where the defendant hid what it knew. In Estate of Brice v. Toyota, a family was allowed to proceed years later because the manufacturer had concealed a sudden acceleration defect.
Government defendants: ninety days and two years
If the at-fault party is a city, a county, a public school, a state agency, or a public hospital like UNM Hospital, the New Mexico Tort Claims Act controls. Two deadlines apply:
- Written notice within ninety days of the incident, or within six months for a wrongful death, under Section 41-4-16. The notice must tell the agency the time, place, and circumstances and make clear a claim is likely. A police report is not enough. The Supreme Court said so directly in Marrujo v. New Mexico State Highway and Transportation Department.
- Suit within two years under Section 41-4-15.
Crashes on state highways involving road design, missing guardrails, or bad signage are Tort Claims Act cases. So are injuries involving county sheriff's deputies, city buses, and public school activities. If a government vehicle or property is involved in any way, call a lawyer the same week.
Indian Health Service and other federal facilities: two years, with a required first step
Gallup Indian Medical Center, Northern Navajo Medical Center in Shiprock, Crownpoint Health Care Facility, and other IHS sites are federal. Claims for medical negligence there run through the Federal Tort Claims Act. You must file an administrative claim, usually on Standard Form 95, within two years of when the claim accrued. The agency then has six months to respond. Only after that can a lawsuit be filed, and it goes to the United States District Court in Albuquerque. Missing the administrative step ends the case regardless of how strong it was. Our IHS malpractice page covers the process in detail.
The Navajo Nation: a different system with its own clock
An injury on the Navajo Nation may belong in Navajo Nation District Court, New Mexico state court, or federal court, depending on where it happened, who was involved, and whether the land is tribal trust land. Claims against the Navajo Nation government itself are governed by the Navajo Sovereign Immunity Act, which has its own notice requirement that is far shorter than three years. Claims against private parties on the Nation may still be subject to the tribal exhaustion rule. Our jurisdiction guide explains how we sort this out, and we handle cases in all three court systems from our Gallup office.
Medical malpractice against private providers
The Medical Malpractice Act gives three years from the act of malpractice for qualified providers, and the claim goes first to a medical review panel, which pauses the clock while the panel considers it. Special rules protect very young children. Because the Act's deadline runs from the act rather than the discovery of the injury, it can expire before a patient knows anything went wrong.
Children and people who cannot act for themselves
Section 37-1-10 tolls the deadline for minors and people who are incapacitated. In Gomez v. Chavarria, the Court of Appeals held that a child injured in an accident has until one year after turning eighteen, or three years from the accident, whichever gives more time. Tort Claims Act notice rules have also been relaxed for children whose parents could not act for them. Do not rely on tolling if you can avoid it. Evidence does not wait for a child to grow up.
Why waiting costs money even when you are inside the deadline
A deadline tells you the last day you can file. It says nothing about when the evidence will still exist. Commercial trucks overwrite electronic logging data on a rolling basis. Store cameras keep footage for days, not months. Witnesses forget. Insurance adjusters, meanwhile, start building the file against you the day they get the claim. A New Mexico personal injury lawyer can send preservation letters, gather the police report, and lock down the facts while they are fresh. None of that requires a lawsuit, and none of it should wait.
Quick reference
| Type of claim | Deadline | Source |
|---|---|---|
| Injury caused by a private person or business | 3 years from injury | NMSA 37-1-8 |
| Wrongful death | 3 years from death | NMSA 41-2-2 |
| City, county, state, public school | Notice in 90 days (6 months for death), suit in 2 years | NMSA 41-4-15, 41-4-16 |
| IHS or other federal facility | Administrative claim in 2 years | 28 U.S.C. 2401(b) |
| Private medical malpractice | 3 years from the act | NMSA 41-5-13 |
| Navajo Nation government | Short notice period under tribal law | Navajo Sovereign Immunity Act |
If you are unsure which rule applies, that is the reason to call. Keeler & Keeler offers a free consultation, and there is no fee unless we win. Reach us at (505) 722-5608 from anywhere in the Four Corners.
General information, not legal advice. Deadlines depend on facts we cannot know from an article. Talk to a lawyer about your own dates.
