Personal Injury FAQs
Common questions about personal injury claims in New Mexico. This is general information, not legal advice — for guidance on your situation, start a free, confidential review.
How much does it cost to hire a personal injury lawyer?
We handle personal injury claims on a contingency basis for qualifying cases — you pay nothing up front, and a fee applies only if we recover for you. The initial review is always free, and fee terms are confirmed in a written agreement.
How long do I have to file a claim in New Mexico?
Deadlines vary by state and by the type of claim, and they can be short — especially when a government entity is involved. Because a missed deadline can end a claim, the safest step is a free review right away.
What should I do right after an accident?
Get medical care, document everything, keep records, and be cautious about giving recorded statements to insurers before you speak with an attorney.
How much is my case worth?
It depends on your injuries, treatment, lost income, and other factors — it is exactly what our attorney evaluates for free. We will not quote a number sight unseen.
Do I really need a lawyer?
Insurers have teams working to pay you as little as possible. An attorney levels the field. Since the review is free, there is little downside to finding out where you stand.
New Mexico law — what people ask
How long do I have to file an injury claim in New Mexico?
Generally three years — longer than California or Arizona allow. But if a government entity is involved, the Tort Claims Act requires written notice within 90 days, which is the shortest deadline in New Mexico injury law and can pass while someone is still in hospital.
Can I still recover if I was partly at fault in New Mexico?
Yes. New Mexico follows pure comparative negligence, so your share of fault reduces the recovery rather than barring it, with no cutoff percentage. The rule came from the state’s courts rather than its legislature.
Does New Mexico cap what I can recover?
It depends entirely on who caused the harm, and this is where New Mexico is genuinely different. An ordinary injury claim is not capped. Medical-malpractice claims run into a tiered cap under the Medical Malpractice Act, and claims against government entities run into separate Tort Claims Act limits. Three regimes, three answers.
What if more than one party was responsible?
New Mexico largely does away with joint and several liability, so each defendant is generally responsible for its own share. There are meaningful exceptions — intentional torts, vicarious liability, and products in the stream of commerce among them.
The driver who hit me had no insurance. What now?
This happens more here than in most states. Your own uninsured or underinsured coverage is the route, and New Mexico courts have been comparatively protective of policyholders on stacking — combining the limits of more than one policy or vehicle where premiums were paid for each.
Is a medical claim treated differently in New Mexico?
Substantially. Claims against providers qualified under the Medical Malpractice Act pass through a review commission before suit, are governed by a statute of repose rather than an ordinary limitations period, and are subject to the tiered caps with a compensation fund behind them.