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Negligence / Personal Injury
3 years with Discovery Rule
Products Liability
3 Years3 years with Discovery Rule
Medical Malpractice
3 Years3 years with Discovery Rule. If plaintiff is under age 6 at time of act, he/she has until 9th birthday to bring action. Damages limited to $600,000 excluding punitive damages.
Legal Malpractice
Some dispute exists as to whether SOL is negligence (3 years) or contract (4 years). However, the discovery rule applies regardless.
Wrongful Death
3 YearsSOL: 3 years from date of death (§41-2-2) with Discovery Rule.
Discovery Rule
Standard Discovery Rule in NM.
Disabilities
Infants (18th birthday), incompetents, and insane persons are allowed 1 year after termination of disability unless against governmental entity, then minors under 7 have until 9th birthday, otherwise, 2 year limitation applies.
Fraud of Defendant
SOL runs from discovery. Action generally must be brought within 4 years.
Comparative Negligence
Applies.
Sovereign Immunity
Limited by statute.
Punitive Damages
In contract of tort where wrongdoer has culpable mental state and conduct rises to willful, wanton, malicious, reckless, oppressive, or fraudulent level.
Consumer Fraud Complain
New Mexico Office of Attorney General, Consumer Protection Division
(800) 678-1508 (toll-free in New Mexico)
(505) 827-6060 (Santa Fe)
(505) 222-9000 (Albuquerque) |
