Skip to content
MyClaimWorth
NM
★ New Mexico · fracture

Fracture settlements
in New Mexico.

By 9 min read

A man who fractured his hip socket slipping on ice at his Gallup apartment was airlifted to UNM Hospital, discharged to a nursing facility and died of a pulmonary embolism. The jury found the hospital negligent and the verdict was affirmed in 2021. A woman in rehab for a broken hip and ankle was sent to arbitration under her admission papers.

Facts that decide a fracture claim in New Mexico

Separate damagesThe jury may be told to decide damages from the fracture separately from damages for the later death, as in Sandoval.Sandoval v. Board of Regents of UNM (N.M. App. 2021)
Nursing home arbitrationAn arbitration agreement attached to a rehab facility’s admission papers was enforced for a patient recovering from fractures.Bargman v. Skilled Healthcare Group (N.M. App. 2012)
Fault ruleNew 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)
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. New Mexico's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your fracture claim in New Mexico. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

Check my case
★ NM · reported fracture outcomes

What New Mexico courts have awarded.

Real New Mexico decisions and verdicts, each linked to the court record or official report.

  • Sandoval v. Board of Regents of UNM
    New Mexico Court of Appeals · 2021
    Verdict against UNM Hospital affirmed

    Arthur Chavez slipped on ice and snow in his apartment parking lot and was diagnosed in Gallup with a complex left hip socket fracture. He spent seven days at UNM Hospital, went to a nursing facility and died of a pulmonary embolism twelve days later. His daughter and wife sued the owner, the hospital and others. The jury found the hospital liable for his death, and the court rejected all five of its challenges.

  • Bargman v. Skilled Healthcare Group
    New Mexico Court of Appeals · 2012
    Arbitration ordered

    After Ms. Bargman fractured a hip and an ankle, her doctors sent her to inpatient rehab at Canyon. About a month into her stay she was given an admission agreement with a separate three page arbitration agreement. The trial court refused to compel arbitration; the Court of Appeals reversed and sent the case to arbitration.

★ NM · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in New Mexico.

  1. 1

    After a fracture, watch for clot warning signs; Chavez’s death came weeks after the fall.

  2. 2

    Read rehab and nursing home admission papers before signing; Bargman’s went to arbitration.

  3. 3

    Fault is shared at any percentage in New Mexico, so a slip on ice is not barred by your own care.

★ NM · statute of limitations
3 years from date of injury

N.M. Stat. § 37-1-8

★ NM · fault rule
Pure comparative negligence

Pure comparative negligence under Scott v. Rizzo (1981).

★ NM · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in New Mexico.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How New Mexico's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
New Mexico · you are herePure comparative negligence3 years from date of injury—
OklahomaModified comparative, 51% bar2 years from date of injuryOK · fracture →
ArizonaPure comparative negligence2 years from date of injuryAZ · fracture →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · fracture →
Rhode IslandPure comparative negligence3 years from date of injuryRI · fracture →
WashingtonPure comparative negligence3 years from date of injuryWA · fracture →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture →
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · fracture →
OhioModified comparative, 51% bar2 years from date of injuryOH · fracture →
OregonModified comparative, 51% bar2 years from date of injuryOR · fracture →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · fracture →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · fracture →
★ NM · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of NM
New Mexico overview

Fault rule, statute, caps, and key facts for New Mexico as a whole.

★ federal frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for New Mexico's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in New Mexico. See /methodology, /sources, and /disclaimer.