New Mexico

Find an Attorney in New Mexico

New Mexico pairs pure comparative fault with a 3-year personal-injury SOL and a unique cap on workers’ comp attorney fees ($22,500). Whether your matter is in Bernalillo (Albuquerque), Santa Fe, or rural New Mexico, local counsel matters.

Practice areas in New Mexico

Common questions about New Mexico attorneys

Three years from the date of injury under NMSA § 37-1-8 for most negligence claims. Claims against governmental entities require a Notice of Claim within 90 days under the Tort Claims Act (NMSA § 41-4-16). Medical malpractice has the same 3-year SOL under NMSA § 41-5-13.
NMSA § 41-5-6 caps total damages against "qualified" health-care providers at $750,000 (excluding past and future medical expenses). The qualified provider pays the first $250,000 ($250K for hospitals, $200K for other providers historically); the Patient Compensation Fund pays the excess up to the cap. Non-qualified providers face uncapped damages. Pre-suit medical-review-panel screening is required.
NMSA § 52-1-54 caps total workers’ comp attorney fees at $22,500 per case — one of the most restrictive limits in the country. The cap was upheld in Lopez v. Maez (2003). The legislature views the cap as protecting injured workers’ recoveries from being eroded by legal fees, but critics argue it discourages representation in complex cases. Many practitioners take only high-value or contingency-friendly cases.
New Mexico adopted pure comparative fault in Scott v. Rizzo (1982) and codified it in NMSA § 41-3A-1. Even if you’re 99% at fault, you can still recover 1% of your damages. New Mexico is one of about 13 states using pure comparative — distinct from neighboring Arizona (also pure) and Colorado (50% modified) and Texas (51% modified).
New Mexico workers’ comp under NMSA § 52-1 runs through the Workers’ Compensation Administration. You file an injury report, attend mediation, and proceed to a hearing before a Workers’ Compensation Judge if not resolved. Income benefits are 66 2/3% of average weekly wage up to a state maximum. Medical treatment runs through the employer’s health-care provider network.

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