Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

New Mexico's wrongful death deadline matches the general injury deadline, with strict extra steps for government defendants.

Three years from death

The deadline to file a wrongful death claim is generally three years, measured from the date of death, under NMSA 41-2-2.

Compared with an injury claim

Most personal injury claims also have three years under NMSA 37-1-8, so the family's period matches what the injured person would have had.

Medical malpractice

Summaries of the 2026 malpractice reform say claimants have three years from the negligent act. Do not assume the death date resets that clock.

Government defendants

Under the Tort Claims Act, a written notice stating the time, place and circumstances must be presented within ninety days after the occurrence, and suit must follow within two years. A claim without notice can be dismissed unless the entity had actual notice.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New Mexico's rules apply to your specific case with a licensed New Mexico attorney.