New Mexico injury rights, deadlines, and help

This page covers New Mexico injury deadlines and what to do right now.

Are you in an emergency right now?

• Check yourself and others for injuries, breathing, and bleeding.
• Call 911 if anyone is hurt or the area is not safe.
• Get somewhere safe if you can do it safely.
• Get medical care even if you feel fine. Some injuries hide for days.
• This page is for after you are safe.

We are the injured person's advocate. We connect you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves. Always free. Talk to an advocate. We usually reply within minutes, at most one business day.

Your deadlines at a glance

New Mexico publishes its statutes through a site that needs special software, so we link a trusted mirror of the statute text for each rule below.

• Personal injury lawsuit: 3 years. New Mexico's statute of limitations (the legal deadline to file a lawsuit) generally gives you three years from the date of the injury. Source: NMSA 1978, Section 37-1-8 (statute text).
• Work injury, telling your employer: 15 days. For workers' compensation (the insurance system that pays for work injuries), New Mexico generally expects written notice to your employer within 15 days after you knew, or should have known, about the accident. The window can stretch to 60 days if the injury itself stopped you from giving notice, and notice is not required if your employer already knew. Source: NMSA 1978, Section 52-1-29 (statute text).
• Work injury, filing the formal claim: a one-year clock with a twist. In New Mexico, the one-year deadline to file a workers' compensation claim generally runs from the date your employer or its insurer fails or refuses to pay you, not from the day you got hurt. The clock can pause for up to one year while you keep working for the same employer. Death claims run one year from the death. Source: NMSA 1978, Section 52-1-31 (statute text).
• Hurt by a government agency: 90 days. Under the state Tort Claims Act (the law for injury claims against the government), you generally must send written notice within 90 days of the incident. For a wrongful death claim, the notice window is 6 months. The lawsuit itself must be filed within 2 years. Sources: NMSA 1978, Section 41-4-16 (notice) and Section 41-4-15 (2-year limit).

Warning: don't wait! The 90-day government-notice window is a trap, and the 15-day work-injury notice is nearly as fast. People wait to see how they feel, and waiting kills cases. The longer you wait, the fuzzier memories get and documents get lost. Collect and save what you can, then talk to an advocate immediately. And important: medical claims can have different, often shorter deadlines. Do not assume the standard rule covers a hospital or doctor case.

Protect your case

1. Talk to an advocate at WeHelpInjured. It is free. Talk to an advocate.
2. Report the injury in writing. Tell your employer, the property owner, or the police, depending on what happened. Keep a copy.
3. Save evidence. Take photos, keep receipts, write down names of witnesses, and keep every medical paper.
4. Write down the date of the injury and count your deadlines from it. Put them on a calendar.

Never do these

• Never give a recorded statement to an insurance company, even your own. Talk to an advocate first.
• Never sign anything from an insurance company, or accept a settlement offer, before you talk to an advocate. Once you sign, you may not be able to undo it.
• Never admit fault at the scene. Stick to facts only.
• Never post about your injury or recovery on social media. Insurers use these posts against you.

Common situations in New Mexico

Hurt at work

Telling your employer and filing the formal claim are two different steps. Many people report the injury and then assume everything is filed. In New Mexico the formal claim clock is tied to when the employer or insurer refuses or fails to pay, which confuses a lot of injured workers.

Do not guess about where you stand. Get help reading your own timeline.

Hurt on the road

New Mexico uses pure comparative negligence (a fault-sharing rule). Your recovery is reduced by your share of fault, but you are not barred from recovering even if you were mostly at fault. Source: Scott v. Rizzo, adopted by the New Mexico Supreme Court (case).

Still, insurers may push a high fault number onto you, so document everything.

Hurt on someone's property, including dog bites

New Mexico has no dog-bite statute. Courts apply a one-bite rule (the owner is strictly liable only once you show the owner knew the dog was vicious), and negligence claims are also possible. Sources: Perkins v. Drury and later cases (overview). Evidence about the dog's history matters a lot, so gather it early.

A real story: the $800 offer

In 1992, 79-year-old Stella Liebeck of Albuquerque was badly burned by coffee served near 180 degrees. She had third-degree burns on 6 percent of her body, needed skin grafts, and had about $10,000 in medical bills. At first her family handled it alone. They wrote the company a letter asking it to cover her bills. The company offered $800. If she had stopped there, that would have been her whole recovery. After she got a lawyer, evidence of about 700 prior burn complaints came out, and a jury awarded her far more. The case later settled for a sum reported as under $500,000. Source: Retro Report transcript.

The lesson is not about coffee. It is that a company's first offer to an injured person without an advocate can be pennies on the dollar. Talk to an advocate before you accept any offer.

Talk to an advocate. You do not have to sort out New Mexico's deadlines alone.

What we can help with

We are the injured person's advocate. We are on your side, and our help is always free to you.

• We listen to what happened and help you make sense of it.
• We explain your rights and deadlines in plain words.
• We explain what to report, what to save, and what to ask.
• We help you connect with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves.
• We never take money from injured people.

Talk to an advocate. If you or someone you love was hurt in New Mexico, you do not have to figure this out alone. Start the form or open the chat.

Sources

• NMSA 1978, Section 37-1-8 (personal injury limit)
• NMSA 1978, Section 52-1-29 (workers' comp notice)
• NMSA 1978, Section 52-1-31 (workers' comp claim)
• NMSA 1978, Section 41-4-16 (government claim notice)
• NMSA 1978, Section 41-4-15 (government claim time limit)
• Scott v. Rizzo (comparative negligence)
• New Mexico dog-bite law overview
• Retro Report: the hot coffee lawsuit

Last reviewed: 2026-08-17

This is general information, not legal advice. Deadlines can change or vary with the facts. A licensed attorney can confirm the rule for your situation.