New Mexico applies pure comparative negligence and substantially raised its medical-malpractice cap under HB 75 of 2021.
New Mexico adopted pure comparative negligence in Scott v. Rizzo (1981). HB 75 of 2021 substantially raised the medical-malpractice cap on a tiered, rising schedule. The PI statute of limitations is three years.
N.M. Stat. § 37-1-8
Pure comparative negligence under Scott v. Rizzo (1981).
Caps and ceilings imposed by New Mexico law that bear on settlement values.
N.M. Stat. § 41-5-6
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under New Mexico law.
Reported New Mexico decisions for each injury type, each with a link to the judgment and to the full injury guide.
At about 1:30 a.m. on June 22, 2011, Marialy Morga’s pickup was stopped or barely moving in the right lane when the FedEx truck struck it from behind at 65 mph without slowing.
whiplash in New Mexico →Believing Irisema Hernandez was violating release conditions, the Roosevelt County sheriff blocked her car at a motel, and when the driver pulled away the sheriff chased at 80 to 90 mph in the rain on rural roads.
whiplash in New Mexico →Gregory Vialpando hurt his low back at work in June 2000 and underwent numerous surgeries.
back & spine in New Mexico →In October 2007 a Los Lunas school bus driver hurt her back and shoulder.
back & spine in New Mexico →In February 2012 Williams, with a blood alcohol of .11, ran a red light and hit Alfredo Rodriguez, whose level was .076 and who wore no belt.
head & brain in New Mexico →In November 2012 Eric Trujillo, a labor foreman, stepped on a slick spot carrying a 25 pound chipping hammer and fell about six feet from scaffolding onto his back, cracking his hard hat.
head & brain in New Mexico →Arthur Chavez slipped on ice and snow in his apartment parking lot and was diagnosed in Gallup with a complex left hip socket fracture.
fracture in New Mexico →After Ms. Bargman fractured a hip and an ankle, her doctors sent her to inpatient rehab at Canyon.
fracture in New Mexico →A May 2006 ultrasound showed a complex mass on Sarah Cahn’s left ovary and said malignancy needed to be excluded.
medical negligence in New Mexico →On September 6, 2013, a child was injured during delivery at Lea Regional Medical Center, suffering a brachial plexus injury with scapular winging and arm weakness, and later developmental delays.
medical negligence in New Mexico →A receiver at the Linam Ranch gas facility had been modified for 800 pound smart pigs.
workplace in New Mexico →On January 20, 2009, during a shutdown at the Navajo Refinery, a hose assembly came loose and struck operator Ken Snow, causing serious, life changing injuries.
workplace in New Mexico →Statutes and rulings that come up again and again in New Mexico injury claims, each with its source.
| Fault rule | New Mexico adopted pure comparative negligence in Scott v. Rizzo (1981): your own share reduces the award but never bars it.Estate of Saenz v. Ranack Constructors (N.M. App. 2015) |
|---|---|
| State claims after federal loss | Losing a federal excessive force claim does not bar a state Tort Claims Act suit over the same crash.Hernandez v. Parker (N.M. App. 2022) |
| Seat belt use | Not wearing a belt is not fault or negligence and cannot limit or apportion damages; Rodriguez’s court ignored it.NMSA 1978, § 66-7-373; see our seat belt table |
| Medical marijuana | The Workers’ Compensation Act authorizes reimbursement for medical marijuana used under the Compassionate Use Act.Vialpando v. Ben’s Automotive Services (N.M. App. 2014) |
| Comp rate | 66 2/3 percent of your average weekly wage from the 8th day off work, up to $1,146.66 a week for 2026 injuries (100 percent of the state average weekly wage).Workers’ Compensation Administration FAQ and 2026 rate table |
| Deadline to sue | “An action for injury to a person must be brought within three years from the date of the injury.”NMSA 1978, § 37-1-8, as stated in Snow v. Warren Power (N.M. 2015) |
| Causation in comp | A judge’s denial for lack of proof to a reasonable medical probability was reversed where substantial evidence did not support it.Trujillo v. Los Alamos National Laboratory (N.M. App. 2016) |
| Claims against government | Written notice within 90 days; Tort Claims Act damages are capped at $400,000 per person plus up to $300,000 for medical expenses.NMSA 1978, §§ 41-4-16, 41-4-19; see our notice table |
How New Mexico compares to its sibling jurisdictions in United States on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| New Mexico | Pure comparative negligence | 3 years from date of injury |
| Alabama (AL) | Pure contributory negligence | 2 years from date of injury |
| Alaska (AK) | Pure comparative negligence | 2 years from date of injury or discovery |
| Arizona (AZ) | Pure comparative negligence | 2 years from date of injury |
| Arkansas (AR) | Modified comparative, 50% bar | 3 years for personal injury; 2 years for medical malpractice |
| California (CA) | Pure comparative negligence | 2 years for personal injury; 1 year for medical malpractice (with 3-year repose) |
| Colorado (CO) | Modified comparative, 50% bar | 2 years for personal injury; 3 years for motor vehicle |
| Connecticut (CT) | Modified comparative, 51% bar | 2 years from date of injury |
| Delaware (DE) | Modified comparative, 51% bar | 2 years from date of injury |
| District of Columbia (DC) | Pure contributory negligence | 3 years from date of injury |
| Florida (FL) | Modified comparative, 51% bar | 2 years from date of injury (was 4; reduced by HB 837) |
| Georgia (GA) | Modified comparative, 50% bar | 2 years from date of injury |
| Hawaii (HI) | Modified comparative, 51% bar | 2 years from date of injury |
| Idaho (ID) | Modified comparative, 50% bar | 2 years from date of injury |
| Illinois (IL) | Modified comparative, 51% bar | 2 years from date of injury |
| Indiana (IN) | Modified comparative, 51% bar | 2 years from date of injury |
| Iowa (IA) | Modified comparative, 51% bar | 2 years from date of injury |
| Kansas (KS) | Modified comparative, 50% bar | 2 years from date of injury |
| Kentucky (KY) | Pure comparative negligence | 1 year for personal injury (one of the shortest in the US) |
| Louisiana (LA) | Modified comparative, 51% bar | 1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024 |
| Maine (ME) | Modified comparative, 50% bar | 6 years for personal injury, longest in the US |
| Maryland (MD) | Pure contributory negligence | 3 years from date of injury |
| Massachusetts (MA) | Modified comparative, 51% bar | 3 years from date of injury |
| Michigan (MI) | Modified comparative, 51% bar | 3 years from date of injury |
| Minnesota (MN) | Modified comparative, 51% bar | 6 years for personal injury (uncommonly long); 4 years for medical malpractice |
| Mississippi (MS) | Pure comparative negligence | 3 years from date of injury |
| Missouri (MO) | Pure comparative negligence | 5 years for personal injury; 2 years for medical malpractice |
| Montana (MT) | Modified comparative, 51% bar | 3 years from date of injury |
| Nebraska (NE) | Modified comparative, 50% bar | 4 years for personal injury; 2 years for medical malpractice |
| Nevada (NV) | Modified comparative, 51% bar | 2 years for personal injury; 3 years for medical malpractice |
| New Hampshire (NH) | Modified comparative, 51% bar | 3 years from date of injury |
| New Jersey (NJ) | Modified comparative, 51% bar | 2 years from date of injury |
| New York (NY) | Pure comparative negligence | 3 years for personal injury; 2 years 6 months for medical malpractice |
| North Carolina (NC) | Pure contributory negligence | 3 years from date of injury |
| North Dakota (ND) | Modified comparative, 50% bar | 6 years for personal injury; 2 years for medical malpractice |
| Ohio (OH) | Modified comparative, 51% bar | 2 years from date of injury |
| Oklahoma (OK) | Modified comparative, 51% bar | 2 years from date of injury |
| Oregon (OR) | Modified comparative, 51% bar | 2 years from date of injury |
| Pennsylvania (PA) | Modified comparative, 51% bar | 2 years from date of injury |
| Rhode Island (RI) | Pure comparative negligence | 3 years from date of injury |
| South Carolina (SC) | Modified comparative, 51% bar | 3 years from date of injury |
| South Dakota (SD) | Slight versus gross negligence | 3 years from date of injury |
| Tennessee (TN) | Modified comparative, 50% bar | 1 year from date of injury, among the shortest in the US |
| Texas (TX) | Modified comparative, 51% bar | 2 years from date of injury |
| Utah (UT) | Modified comparative, 50% bar | 4 years for personal injury; 2 years for medical malpractice |
| Vermont (VT) | Modified comparative, 51% bar | 3 years from date of injury |
| Virginia (VA) | Pure contributory negligence | 2 years from date of injury |
| Washington (WA) | Pure comparative negligence | 3 years from date of injury |
| West Virginia (WV) | Modified comparative, 51% bar | 2 years from date of injury |
| Wisconsin (WI) | Modified comparative, 51% bar | 3 years from date of injury |
| Wyoming (WY) | Modified comparative, 51% bar | 4 years from date of injury |
Common questions about personal injury claims in New Mexico, answered with the relevant statutory references.
This page summarises the New Mexico statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in New Mexico. See /methodology, /sources, and /disclaimer.
