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New Mexico Tort Claims Act – Personal Injury Claim Deadlines

New Mexico Tort Claims Notice Requirement is Simply a Trap for Those Injured by Government

New Mexico Tort Claims Act shortened deadlines simply a trap for the unwary. They serve no other purpose.

Under the New Mexico Tort Claims Act, the deadlines for personal injury claims are substantially shortened.

There really is no reason for the shortened deadlines other than to deny those injured by the government justice while allowing the governmental entity to escape responsibility.

These shortened deadlines are firm.  There very few exceptions.  Missing one will bar the claim completely.

In personal injury or wrongful death claims involving governmental entities, it is critical to move quickly.  An experienced personal injury attorney can help.

Collins & Collins, P.C. can be reached at (505) 242-5958 .

First Deadline Runs in as Little as 90 Days on Tort Claims Notice

The first critical deadline in a personal injury claim against a New Mexico state, county or local governmental entity is the 90 day Tort Claims Notice requirement.

Under Tort Claims Notice requirement, a notice of claim must be sent to the appropriate governmental authority within 90 days of the accident.

Challenges to Tort Claims Notice

Task #1 is determining whether a government entity is involved.

There are several challenges here:

  • First, it is not always apparent to the casual observer that a governmental entity is involved.
  • Second, the notice must be sent to the appropriate governmental representative.
  • Finally, the Tort Claims Act requires certain information to be provided in the Notice.

There is the possibility of a mistake on each of these requirements.  Failure to deliver the notice within the 90 days  or defective delivery of the Notice will bar the claim.

Shortened Statute of Limitations on Government Claims

Once past the Tort Claims Notice deadline, the statute of limitations on personal injury actions against New Mexico governmental entities is shortened from the standard 3 years to only 2 years.

Again, missing this deadline will bar the claims completely.

Do Not Delay!

Due to the shortened deadlines and the severity of consequences for missing the deadlines, it is advisable to seek the attention of a personal injury attorney as quickly as possible.

Many attorneys, including Collins & Collins, P.C. will not take a case except on very rare occasions when these deadlines are close to running.  Delay in addressing your claims or the claims of a loved one may make getting legal assistance very difficult due.  And missing these deadlines will bar the claims completely.


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