Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

NEW MEXICO

Negligence / Personal Injury

3 years with Discovery Rule.

Products Liability

3 Years 3 years with Discovery Rule.

Medical Malpractice

3 Years 3 years with Discovery Rule. If plaintiff is under age 6 at time of act, he/she has until 9th birthday to bring action. Damages limited to $600,000 excluding punitive damages.

Legal Malpractice

Some dispute exists as to whether SOL is negligence (3 years) or contract (4 years). However, the discovery rule applies regardless. 

Wrongful Death

3 Years SOL: 3 years from date of death (§41-2-2) with Discovery Rule.

Discovery Rule

Standard Discovery Rule in NM.

Disabilities

Infants (18th birthday), incompetents, and insane persons are allowed 1 year after termination of disability unless against governmental entity, then minors under 7 have until 9th birthday, otherwise, 2 year limitation applies.

Fraud of Defendant

SOL runs from discovery.  Action generally must be brought within 4 years.

Comparative Negligence

Applies.

Sovereign Immunity

Limited by statute.

Punitive Damages

In contract of tort where wrongdoer has culpable mental state and conduct rises to willful, wanton, malicious, reckless, oppressive, or fraudulent level.

Consumer Fraud Complaint

New Mexico Office of Attorney General, Consumer Protection Division
(800) 678-1508 (toll-free in New Mexico)
(505) 827-6060 (Santa Fe)
(505) 222-9000 (Albuquerque)