We treat our clients like family
New Mexico Personal Injury Lawyers
Our attorneys have won over $3 billion in verdicts and settlements for our clients.
Personal Injury Help in New Mexico
Personalized Representation is our Passion.
At Accident Law Group, our entire firm handles only accident/injury cases. Our work is building and presenting injury cases like yours. This is why our founding partners named the firm Accident Law Group – Accidents are all we focus on!
Law Is Complex, Working With Us Is Easy.
I know what you’re thinking… You will contact a law firm and then be inundated with complex agreements and paperwork. This will just add to the pain and suffering that you are already experiencing. That is not how we work. Simply contact us and leave the complexities to us while you work on healing.
Get a Free Review
We will review your case for you for free. No strings attached. If we believe we can help, we will offer to take your case and keep you informed at every step.
Engage With Us
Once you decide to work with us we will handle all of the complex paperwork and we will go to bat for you. We are in your corner with our full attention on your case.
Pay Nothing
We like to win. We imagine you like to win, too. We are so confident in our abilities that we'll take no up-front payment from you. If we do not win you owe us nothing. Zero.
Award Winning Personal Injury Lawyers
Meet Our Team
Accident Law Group focuses its practice on accident and/or personal injury cases. Our lawyers handle claims against insurance companies and work to protect your interests. This is because we know the pain and suffering that you go through, the medical issues that take years to treat, and the emotional trauma an accident can bring. Call the law firm that is sure to take your interests to heart. Call Accident Law Group.
Accomplishments we are proud of
Honors & Awards
New Mexico Injury Claim FAQ
Here are plain answers to common questions about injury claims in New Mexico, from how fault is shared to the deadlines for claims against private parties and government bodies. This is general information, not legal advice for your situation.
New Mexico follows pure comparative fault. In Scott v. Rizzo (1981), the New Mexico Supreme Court replaced the old all-or-nothing contributory negligence rule, so an injured person who was partly at fault is generally not barred from recovering. Instead, the damages are generally reduced by that person’s own percentage of fault. For example, someone found 30 percent at fault would generally recover 70 percent of their proven damages. Unlike states with a 50 or 51 percent cutoff, recovery is generally still possible even when the injured person’s share is larger than the other side’s. Fault percentages are decided from the evidence in each case.
For most injury claims against private parties, New Mexico generally allows three years to file a lawsuit (NMSA 1978, Section 37-1-8). The period generally starts when the claim accrues, which is usually the date of the injury. Claims against the state, a city, a county, or another public body follow the Tort Claims Act instead, with a 90-day written notice rule and a two-year filing deadline (Sections 41-4-16 and 41-4-15). For minors and incapacitated persons, Section 37-1-10 can extend the time to one year after the incapacity ends. Because the starting date can be disputed, it can help to have the dates reviewed early.
If a government entity or public employee in New Mexico may be responsible, the Tort Claims Act generally requires a written notice of the claim within 90 days after the occurrence (NMSA 1978, Section 41-4-16). The notice states the time, place, and circumstances of the injury. Without it, a court generally cannot hear the case unless the government entity had actual notice of the occurrence. Up to 90 days of incapacity caused by the injury does not count. Immunity is waived only for kinds of claims listed in the Act, such as negligent operation or maintenance of a motor vehicle by a public employee (Section 41-4-5).
Section 41-4-16 names who must receive the written notice, depending on the public body. Claims against the state go to the Risk Management Division of the General Services Department. Claims against a city or town go to the mayor, claims against a school district go to the superintendent, and claims against a county go to the county clerk. For any other local public body, the notice goes to its administrative head. The Risk Management Division offers a Tort Notice of Claim form for claims against the state. Sending the notice to the wrong office can cause problems, so it generally helps to confirm the right recipient early.
New Mexico generally uses several liability, which means each wrongdoer pays only its own share of the fault (NMSA 1978, Section 41-3A-1). If a driver is found 60 percent at fault and a road contractor 40 percent, each would generally be responsible for that portion of the damages. The fault of people who are not part of the lawsuit can also be counted. There are exceptions where joint and several liability still applies, including people who acted with the intent to injure, situations where one person is legally responsible for another’s acts, and strictly liable makers or sellers of defective products, for their share.
New Mexico’s Mandatory Financial Responsibility Act generally prohibits driving an uninsured vehicle (NMSA 1978, Section 66-5-205). The minimum liability amounts in Section 66-5-215 are $25,000 for injury to one person, $50,000 for injuries to two or more people in one accident, and $10,000 for property damage. Policies must also include uninsured and underinsured motorist coverage unless the named insured rejects it (Section 66-5-301). These minimums can be small compared with the cost of a serious injury, so it can help to look at your own policy’s declarations page to see what coverage you have before talking with an adjuster.
Generally, yes, if anyone is hurt or killed or the property damage appears to be $500 or more. Section 66-7-206 requires the driver to notify the police by the quickest means available: the police department if the accident happens in a city or town, otherwise the county sheriff or the nearest New Mexico State Police office. A police report can also help later, because it records the time, place, people involved, and what officers observed. After any crash, it generally helps to get medical care, keep copies of medical records and bills, take photos, and write down witness names while details are fresh.
It can help to call after you have had medical care, when an insurance adjuster asks for a recorded statement, or when a government vehicle, a road condition, or public property may be involved, because the Tort Claims Act notice period is short. Bring what you have: the police report number, photos, insurance cards, and medical paperwork. We can talk through what happened, how New Mexico’s comparative fault rule and deadlines generally work, and which options may be worth a closer look. There is no need to have everything figured out first. When you are ready, call Accident Law Group at (575) 333-3333.
Related practice areas & guides
These pages explain common injury claims in more detail. They are written mainly about Arizona law, so New Mexico rules, such as the three-year filing deadline, can differ.
- Car accident attorney — crashes and insurance questions
- Semi-truck accidents — crashes with commercial trucks
- Pedestrian accident lawyers — people hit while walking
- Wrongful death attorneys — when an accident takes a loved one’s life
- Frequently asked questions — general questions about injury claims
- Meet our attorneys — the Accident Law Group team
When you are ready to talk, call (602) 333-3333 in Arizona or (575) 333-3333 in New Mexico.
New Mexico – Accident Law Group
6565 Americas Parkway NE Suite 830,
Albuquerque, New Mexico, 87110,
USA