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

NEW MEXICO

Negligence / Personal Injury

3 years with Discovery Rule.

Wrongful Death

3 years from date of death with Discovery Rule.

Medical Malpractice

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. If injury is latent, discovery rule generally controls when limitations period begins to run.

Malpractice (Other Professions)

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

Products Liability

3 years with Discovery Rule.

Intentional Torts

3 years

Fraud

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

Municipal Liability/Sovereign Immunity

Limited by statute.

Discovery Rule

Standard Discovery Rule in NM. Adopted by statute for fraud, mistake and injury to or conversion of property.

Comparative Negligence

Applies.

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.

Parental Immunity

Abolished

Punitive Damages

In contract of tort where wrongdoer has culpable mental state and conduct rises to willful, wanton, malicious, reckless, oppressive, or fraudulent level. Punitive damages cannot be recovered from estate of deceased tortfeasor.

Consumer Fraud Complaint

New Mexico Office of Attorney General, Consumer Protection Division
http://www.ago.state.nm.us/divs/cons/cons.htm
(800) 678-1508 (toll-free in New Mexico)
(505) 827-6000 (Santa Fe)
(505) 222-9000 (Albuquerque)
(505)526-2280 (Las Cruces)