How long do you have to sue after an injury in New Mexico?
Last checked November 8, 2026
In New Mexico you generally have 3 years from the date of your injury to file a lawsuit, under N.M. Stat. Ann. § 37-1-8. If a city, county or the state is responsible, the deadline can be much shorter: 90 days.
Calculate your deadline
Your general deadline would be
This is a general estimate. Exceptions can change it. We do not need your details to show it.
New Mexico injury deadlines at a glance
| Situation | Deadline | Law |
|---|---|---|
| Most injuries, including car accidents | 3 years | N.M. Stat. Ann. § 37-1-8 |
| Wrongful death | 3 years | N.M. Stat. Ann. § 41-2-2 |
| Claim against the government (State and local public bodies) | 90 days | N.M. Stat. Ann. § 41-4-16(A) |
What the law says
“for an injury to the person or reputation of any person, within three years.”
N.M. Stat. Ann. § 37-1-8
“within ninety days after an occurrence giving rise to a claim for which immunity has been waived under the Tort Claims Act, a written notice”
N.M. Stat. Ann. § 41-4-16(A)
When does the clock start?
Usually on the day you were hurt. In New Mexico, N.M. Stat. Ann. § 37-1-8 sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.
What does not stop the clock
Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.
What happens if you miss it?
Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.
Other states with the same deadline
Sources
- N.M. Stat. Ann. § 37-1-8, Official text, 2026-11-08
- N.M. Stat. Ann. § 41-2-2, Official text, 2026-11-08
- N.M. Stat. Ann. § 41-4-16(A), Official text, 2026-11-08