Suing a Government Entity in New Mexico: the Tort Claims Act
New Mexico's Tort Claims Act is the framework for any claim against a public entity or public employee. It gives you a right to sue that would not otherwise exist — and then attaches the shortest notice deadline in New Mexico injury law to it.
Ninety days to give written notice
Written notice must reach the right official within 90 days of the occurrence. Not the two years you might expect, and not the three years that governs an ordinary injury claim — 90 days, which for a seriously injured person can pass while they are still in treatment. Missing it can end the claim outright, and the exceptions are narrow.
Immunity, and the categories where it is waived
New Mexico starts from governmental immunity and then waives it in specific listed categories — the operation of vehicles and machinery, the operation or maintenance of buildings and public parks, medical care at public facilities, and law-enforcement conduct among them. Whether your claim fits inside one of those waivers is often the threshold question, and it is decided by category rather than by how serious the harm was.
Then two years to file suit
Serving notice preserves the claim; it does not resolve it. Suit against a governmental entity or public employee must be filed within two years of the occurrence — a year less than the three years an ordinary injury claim allows. Both deadlines run in parallel, so the notice being timely does not mean the filing deadline can be treated loosely.
Caps on what a government claim can recover
Unlike an ordinary New Mexico injury claim, a Tort Claims Act claim is capped. The Act sets separate limits by category — with medical-care damages treated differently from other losses — and those figures are adjusted over time. Punitive damages are not available against a governmental entity or a public employee acting within the scope of duty, regardless of the conduct.
Why these cases need immediate attention
Ninety days is not long enough to wait and see how an injury develops. Between the notice deadline, the immunity analysis, and a two-year filing period, a government case demands decisions early — usually while treatment is still under way. If any part of what happened involved a public entity, a school, a public hospital, or a government vehicle, get the deadline confirmed now. The review is free and confidential.
Frequently asked questions
How long do I have to bring a claim against a government entity in New Mexico?
Written notice within 90 days of the occurrence, and suit within two years. Both are shorter than the deadlines for an ordinary injury claim.
Can I sue any government agency for any injury?
Not automatically. New Mexico begins with immunity and waives it only in listed categories — vehicle operation, building and park maintenance, medical facilities, and law enforcement among them. Whether your claim fits a waiver is the first question.
Are damages limited in a New Mexico government case?
Yes. The Tort Claims Act caps recovery by category, and those figures change over time. Punitive damages are not available against a government entity at all.
I am past 90 days. Is it hopeless?
Not necessarily — some circumstances affect when the period runs or whether the entity already had actual notice. The exceptions are narrow, so have the timeline reviewed rather than assuming either way.
Related California injury law
Official resources
External links are provided for general reference and are not affiliated with the firm.
This is general information about California injury law, not legal advice. Every situation is different, and deadlines can turn on specific facts.
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