New Mexico · Wrongful death · Updated
Wrongful death cases in New Mexico: the rules and the lawyers
The deadline to file, the fault rule and the other New Mexico rules that matter for a wrongful death case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in New Mexico that take wrongful death cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
Deadline to file
We don’t show New Mexico’s deadline here until we have checked it against the official text. Ask a lawyer, or each firm you call, which deadline applies to you.
If you were partly at fault
We don’t show New Mexico’s rule for shared fault here until we have checked it against the official text. If you may have been partly at fault, ask a lawyer how that affects your claim.
Firms we list
0 firms
None yet for wrongful death cases.
Know this first
Step 1: Your deadline to file in court
We don’t show New Mexico’s deadline here until we have checked it against the official text. Ask a lawyer, or each firm you call, which deadline applies to you.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
If a government body was involved
Step 2: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against the state and local public bodies
Under the New Mexico Tort Claims Act, every person who claims damages from the state or a local public body must present “a written notice stating the time, place and circumstances of the loss or injury”1 (describing § 41-4-16(A)).
How fault is counted
Step 3: If you were partly at fault
We don’t show New Mexico’s rule for shared fault here until we have checked it against the official text. If you may have been partly at fault, ask a lawyer how that affects your claim.
Next
Step 4: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in New Mexico can tell you which ones apply.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More New Mexico rules
This page keeps to the rules that matter most for a wrongful death case. The New Mexico page has all of them.
Injured in New Mexico: all deadlines and rules
Other case types in New Mexico:
After a wrongful death: the general guide
If someone in your family died because of another person’s carelessness: what a wrongful-death claim is, who can bring it, how it differs from a survival claim, getting records, and the deadline.
How to check a lawyer’s license in New Mexico
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take wrongful death cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Dutton v. McKinley Cnty. Bd. of Comm'rs, 113 N.M. 51, 822 P.2d 1134 (Ct. App. 1991)Read the source: Dutton v. McKinley Cnty. Bd. of Comm'rs, 113 N.M. 51, 822 P.2d 1134 (Ct. App. 1991)
This is general information, not legal advice.