New Mexico Tort Claims Notice: What It Is, the 90-Day Deadline, and How to File One

If you are injured because of the actions of a government employee or public agency in New Mexico, you may have much less time to take action than you would in an ordinary personal injury case.

Under the New Mexico Tort Claims Act, a person pursuing certain claims against the State of New Mexico or a local governmental entity generally must provide written notice of the claim within 90 days of the occurrence giving rise to the claim. This is commonly called a Tort Claims Notice or Notice of Claim.

The deadline can arrive long before an injured person has finished medical treatment or knows the full extent of their damages. That is why it is important to recognize early when a government entity may be involved in an injury.

What Is a New Mexico Tort Claims Notice?

A Tort Claims Notice is a written notice informing a governmental entity about a potential claim arising from an injury or loss.

New Mexico's notice statute, NMSA § 41-4-16, generally requires the written notice to state the time, place, and circumstances surrounding the loss or injury.

The purpose of the notice requirement is to give the governmental entity an opportunity to investigate a potential claim while evidence is still available and witnesses can be identified.

A Tort Claims Notice is not a lawsuit. It also does not automatically mean that the governmental entity is legally responsible for your injuries. Claims against governmental entities are governed by the New Mexico Tort Claims Act, which determines when governmental immunity has been waived and a claim may be brought.

What Is the Deadline for a New Mexico Tort Claims Notice?

For most claims covered by the notice requirement, the notice must be presented within 90 days after the occurrence giving rise to the claim.

Ninety days can pass quickly. For example, someone seriously injured in an accident may still be undergoing medical treatment when the notice deadline arrives.

There are special rules in certain circumstances. New Mexico law provides a different notice period for qualifying wrongful death claims — Section 41-4-16(C) generally allows the required notice in a wrongful death matter to be presented within six months after the date of the occurrence.

The statute also contains provisions concerning incapacity caused by an injury, and New Mexico courts have addressed special issues involving minors and other circumstances. Because these rules can be fact-specific, you should not assume that an exception extends your deadline.

When Might a Tort Claims Notice Be Required?

The issue can arise whenever a potential defendant is a New Mexico governmental entity or public employee. Common situations include:

• A State of New Mexico agency
• A city or municipality
• A county
• A public school district
• A public hospital or governmental healthcare provider
• Government-owned property
• Certain government vehicles
• Law-enforcement agencies or officers
• Public roads or government-maintained property
• Another state or local public body

One of the most important questions is who actually employed or controlled the person or entity responsible for the injury. For example, a medical provider working inside a public hospital may not necessarily have the same employer as another provider working at that facility.

If you are uncertain whether a governmental entity is involved, it is safer to investigate the issue promptly rather than waiting until the 90-day period is approaching.

Can I File a New Mexico Tort Claims Notice Myself?

Yes. You do not necessarily need an attorney simply to submit a Tort Claims Notice. The New Mexico statute does not require every claimant to use one universal form. What is particularly important is that the notice satisfies the legal requirements and reaches the proper governmental recipient within the applicable deadline.

Some governmental entities make the process easier by providing their own claim forms or online submission systems. Below is a step-by-step overview.

Can I Send My Tort Claims Notice by Email?

Do not assume that sending an email to a governmental employee or general government email address satisfies New Mexico's Tort Claims Act.

Some governmental entities provide an official online claims portal or expressly identify electronic submission procedures. For State claims, the New Mexico Risk Management Division currently provides an official online Tort Notice submission portal. When an entity does not clearly authorize email or electronic submission, relying only on an ordinary email can create unnecessary uncertainty about whether proper notice was presented.

What Happens After I Submit the Notice?

Submitting a Tort Claims Notice does not automatically result in payment. The governmental entity may investigate the incident, request additional information, evaluate whether it believes it is legally responsible, or deny the claim.

You should continue preserving evidence related to your case, including:

• Photographs and videos
• Medical records and bills
• Police or incident reports
• Witness information
• Correspondence with governmental entities
• Copies of your Tort Claims Notice
• Proof showing when and where the notice was submitted

Does Filing a Tort Claims Notice Extend the Time to File a Lawsuit?

What If the Government Already Knows About My Accident?

Do not assume that a police report, incident report, or a government employee's knowledge of the accident eliminates the need to provide a Tort Claims Notice.

New Mexico courts have distinguished between simply knowing that an accident happened and having notice sufficient to alert the governmental entity that litigation may result. When the deadline has not expired, providing proper written notice is generally far safer than relying on an argument that the governmental entity already had actual notice.

What Happens If I Miss the 90-Day Deadline?

Missing the Tort Claims Act notice deadline can have serious consequences. Section 41-4-16 provides that an action subject to the notice requirement generally cannot be maintained against the State or a local public body unless the required notice was given or the governmental entity had legally sufficient actual notice.

You Can Submit a Tort Claims Notice Yourself — But Be Careful

The basic process may appear straightforward:

The difficult part is often determining which governmental entities may be legally responsible, whether governmental immunity has been waived, who must receive notice, and which deadlines apply. Those questions can significantly affect whether a claim can later proceed.