Wildfire Homeowners & Property Loss Claims in New Mexico
For many wildfire victims, the greatest loss is the home and everything in it. When utility equipment caused the fire, you may be able to recover the value of your property, belongings, and displacement from the utility — often beyond what your own insurance provides.
The full property picture
A property claim can include the destroyed or damaged home, personal belongings and contents, landscaping and structures, the cost of temporary housing and displacement, and losses your own insurance did not fully cover. Documenting all of it is a core part of the case.
Property may not require proven negligence
In some states, a utility can be held liable for wildfire property damage even without proof of negligence, under doctrines that hold it responsible for damage its infrastructure caused. This can make a property claim especially strong.
How we help
We document the full property, contents, and displacement loss, pursue the utility, and coordinate with any insurance recovery. The review is free and confidential. Se habla español.
Frequently asked questions
My insurance did not cover everything I lost. Can the utility make up the difference?
Often a claim against the utility can seek losses beyond your policy limits, including underinsured property, full contents, and displacement. In some states property damage can be recovered from a utility even without proven negligence.
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.
California injury law
This is general information about New Mexico injury law, not legal advice. Every case is different.
Did a utility-caused wildfire harm your family?
A quick, confidential review can tell you where you stand — about two minutes, no cost, no obligation.