Key facts: New Mexico
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. New Mexico follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for New Mexico
Three years for both PI and wrongful death (running from date of death). Government tort claims have a two-year deadline and require written notice within 90 days under the Tort Claims Act, §§ 41-4-15 and 41-4-16.
Related: New Mexico comparative negligence rule
New Mexico follows a pure comparative rule. Pure comparative negligence adopted judicially by the New Mexico Supreme Court in Scott v. Rizzo. No statutory codification; damages are reduced strictly in proportion to the claimant’s fault.
Read the full New Mexico comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed New Mexico attorney before relying on it.