If you were hurt in New Mexico because someone else was careless, you generally have the right to be made whole: your medical bills, your lost income, and the harm you have lived through. Keeler & Keeler has represented injured people across Gallup, McKinley County, and the wider Four Corners for more than twenty years. This page explains how a New Mexico injury claim actually works, the deadlines that can end a case before it starts, and what your claim may be worth. Every consultation is free and confidential, and we work on a contingency basis, so there is no fee unless we win.
How long do I have to file an injury claim in New Mexico?
In most New Mexico personal injury cases you have three years from the date of the injury to file a lawsuit (NMSA 1978, Section 37-1-8). Some claims are shorter. A claim against a state or local government entity falls under the New Mexico Tort Claims Act, which requires written notice within 90 days and has a two-year filing deadline. Claims connected to the Navajo Nation or to a federal facility such as an Indian Health Service hospital follow entirely different clocks. Because a missed deadline usually ends a claim for good, the safest step is to talk to a lawyer early rather than guess.
New Mexico uses pure comparative negligence
New Mexico is a pure comparative negligence state (Scott v. Rizzo, 1981). That means you can still recover money even if you were partly at fault for the crash or fall. Your compensation is simply reduced by your share of the blame. If your damages are $100,000 and you are found 20 percent at fault, you recover $80,000. Insurance companies know this rule and often try to shift blame onto the injured person to pay less, which is one of the main reasons to have your own advocate.
What is my personal injury case worth?
No honest lawyer can promise a number, because value depends on the facts. New Mexico law allows you to recover several categories of damages:
- Medical expenses, past and future, including surgery, therapy, and long-term care.
- Lost income and lost earning capacity if your injuries keep you from working.
- Pain, suffering, and loss of enjoyment of life, the human cost of what happened.
- Property damage, such as your vehicle.
- Punitive damages in the rare cases involving reckless or malicious conduct.
Who pays my medical bills after an accident?
In the short term, your own health insurance, MedPay, or the medical providers themselves usually carry the bills while the claim is pending. The at-fault party’s insurer typically does not pay as you go; it pays once at settlement or judgment. If the driver who hurt you had little or no insurance, your own uninsured and underinsured motorist coverage may become the most important source of recovery, which is why we review every policy in the household.
How long does an injury settlement take?
Straightforward claims can resolve in a few months. Serious-injury and disputed-liability cases take longer, often a year or more, because it is usually a mistake to settle before you know the full extent of your injuries. We move as quickly as the medicine and the evidence allow, and we keep you informed at each step.
Which court hears your claim: state, tribal, or federal?
Around Gallup, the answer is not automatic. Where the injury happened, who was involved, and what kind of land it happened on can send a case to New Mexico state court, to a Navajo Nation court, or to federal court. Getting this wrong can cost you the case. We handle claims across all three systems. If your injury involves the Navajo Nation, a semi-truck on Interstate 40, a nursing home, or care at a federal or tribal medical facility, tell us early so the claim is built in the right forum from day one.
Basic Components of a Personal Injury Case
Regardless of jurisdiction, most personal injury claims require proof of these four elements:
- Duty of Care
The defendant owed a legal duty to act reasonably and avoid causing harm - Breach of Duty
The defendant failed to meet that duty, through action or omission - Causation
The breach directly caused the plaintiff’s injury (proximate cause) - Damages
The plaintiff suffered actual harm, physical, emotional, or financial
Personal Injury Law - New Mexico vs. Navajo Nation
New Mexico Law
- Uses pure comparative negligence (plaintiff can recover even if 99% at fault)
- Statute of limitations: usually 3 years for most claims; 2 years for claims against government entities
- Claims against government may require written notice within a certain time frame, damages include compensatory, non-economic, and punitive (in egregious cases)
Navajo Nation Law
- Based on tribal case law, Navajo common law, and Navajo customs and tradition
- Jurisdiction: Navajo Nation District Courts and Peacemaking Services
- Emphasis on restoring hózhó (balance and harmony)
- Statute of limitations: typically 2 years
- Damages may include non-economic, economic damages, and trying to restore balance and harmony
Navajo Nation Tort Claims Act - Definition
The Navajo Nation Tort Claims Act is a legal framework that allows individuals to bring civil claims against the Navajo Nation Government or its entities for injuries caused by negligence or wrongful acts. It functions similarly to the New Mexico Tort Claims Act but is grounded in tribal sovereignty, customary law, and restorative justice principles.
Key Features:
- Applies to claims against the Navajo Nation
- Recognizes limited waivers of sovereign immunity of the Navajo Nation
- Requires administrative procedures before filing in court, including notice and review
- May involve nalyeeh (restitution) and peacemaking processes to restore hózhó (balance and harmony)
Legal authority is found in 7 N.N.C. § 601 et seq., and procedures are shaped by Navajo statue, Navajo case law and common law, and Navajo custom and traditions.
What Is a Cause of Action?
A cause of action is the legal basis for a lawsuit, the set of facts and legal theory that entitles a person to seek relief in court. Under Navajo law, a cause of action typically includes:
- Duty: The defendant had a responsibility to act reasonably or fulfill a legal obligation
- Breach: That duty was violated through action or omission
- Causation: The breach directly caused harm
- Damages: The plaintiff suffered injury, loss, or disruption of hózhó
In tribal court, a cause of action may also reflect customary relationships, kinship duties, and community impact, not just Western legal standards,
The law behind these cases
- NMSA 1978, Section 37-1-8Three years from the date of injury to file a New Mexico personal injury lawsuit; the clock can pause for minors and, for hidden injuries, until the harm is discovered.
- NMSA 1978, Section 41-3A-1Several liability: each defendant pays its own share of fault, which is why every responsible party has to be identified early.
- Scott v. Rizzo, 1981-NMSC-021Pure comparative negligence. Being partly at fault reduces a recovery; it does not bar it.
- Gerke v. Romero, 2010-NMCA-060The discovery rule applied to a hidden injury: the deadline starts when a person knew or should have known of the injury and its cause.
Each citation links to the statute, regulation, or reported opinion. How they apply depends on the facts of your case.
Where we handle personal injury cases
Keeler & Keeler is based in Gallup, New Mexico, and represents injured people across McKinley County, San Juan County, Cibola County, the Interstate 40 corridor, and the Navajo Nation. If you are looking for a personal injury lawyer in Gallup, personal injury lawyer in Grants, personal injury lawyer in Farmington, personal injury lawyer in Albuquerque, personal injury lawyer for the Navajo Nation, the consultation is free and can start with a phone call to (505) 722-5608.
