Frequently Asked Questions About Suing the New Mexico Government for an Injury
Can I sue the state of New Mexico?
Yes. You can sue the state of New Mexico for damages incurred by an employee who was on the clock and working for the New Mexico government in an official capacity. You can also sue the government for failure to maintain property it owns or for which it is responsible.
What is the personal injury statute of limitations in New Mexico?
While you have two years to file a lawsuit against the State of New Mexico, according to New Mexico Statutes Section 37-1-8 (2025), you must enter a Tort Claim of Notice within 90 days of the incident or injury.
Can you sue the New Mexico government for negligence?
Yes, you can sue the New Mexico government for negligence, as long as it falls under exceptions for which it has waived immunity, you submit your claim within the statute of limitations and file a New Mexico Tort Notice of Claim within 90 days of the incident that caused the injury. If the claim is one for wrongful death, you have up to six months to provide the required notice.
Can you sue a New Mexico state-run nursing home for neglect and abuse?
Yes. You can sue a New Mexico state-run nursing home for neglect, abuse, or wrongful death. However, the same stipulations apply. Unless the claim is for wrongful death, you must file a Tort Claims Notice within 90 days of the incident, which can be difficult if you don’t see the injury quickly. If it is for wrongful death, the notice may be made within six months
Is there a cap on punitive damages when suing the New Mexico Government?
Claimants who sue the New Mexico government cannot be awarded punitive damages. Damage caps in New Mexico for those filing a claim against the government cannot exceed $700,000 for medical and compensatory damages and 50,0000 for property damages. Claims for loss of consortium may increase the limits to $1,050,000 for all possible damages. Claims for punitive damages cannot be sought against government entities. According to The New Mexico Tort Claims Act, “No judgement against a governmental entity… shall include an award for exemplary or punitive damages.”
