Your Rights as a Survivor in New Mexico
If you survived sexual abuse or assault, what happened was not your fault, and you have real rights — including the right to be believed, to keep your privacy, and to pursue a civil claim on your own terms, whether or not anyone was ever charged.
A claim that is yours
A civil claim is separate from any criminal case, and it is yours — you decide whether, when, and how to pursue it. It exists to hold those responsible accountable and to support your recovery, and it can reach both an abuser and any institution that failed to protect you. There is no pressure to decide anything today.
You can protect your privacy
Your privacy matters. In many situations survivors can pursue a claim while keeping their identity out of the public record. What is available depends on your state and circumstances, and we can explain it plainly and confidentially.
How we help
We listen, explain your options in plain language, and handle everything with care and confidentiality, at your pace. The conversation is free and private. Se habla español.
Frequently asked questions
It happened a while ago. Is it too late?
Maybe not. Deadlines for these claims can differ from an ordinary case, and some situations have extended or revived filing windows. Please do not assume the door is closed without a confidential conversation.
I have not told anyone. Can I still talk to a lawyer?
Yes. You do not need to have told anyone or reported anything. A conversation with us is private and confidential, with no obligation and no pressure to take any step you are not ready for.
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.
Injury law in New Mexico
New Mexico injury law gives families a longer window and some distinctive rules.
- Filing deadline: New Mexico gives you longer than most states — generally three years from the injury — with a 90-day notice deadline when a government entity is involved.
- Fault: New Mexico follows pure comparative negligence, so sharing some of the blame reduces your recovery rather than ending your claim.
- Damage caps: An ordinary New Mexico injury case is not capped; medical-malpractice and government claims have their own separate limits.
- Multiple defendants: New Mexico generally applies several liability, with some exceptions.
Related topics
California injury law
This is general information about New Mexico injury law, not legal advice. Every case is different.
You deserve to be heard
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