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New Mexico Statute of Limitations
New Hampshire Statute of Limitations
SIn Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.
What are statutes of limitations? A statute is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated. What is Iowa’s statute of limitations?
Negligence – 2 years
Medical Malpractice – Against health care providers = within 3 yrs. of date of injury
Product liability – 3yrs after suffering injury or date injury was or should’ve been found
Wrongful death - damages b/c of construction=2yrs of date of injury others=2yrs of (D.O.D)
Survival – 4 year limitations for survival actions
Do You Have a New Mexico Statute of Limitations Lawsuit? »
There are no attorney fee caps in New Mexico.
Caps on damages – New Mexico Statute of Limitations
Medical Malpractice-- Total amount of recoverable damages in medical malpractice cases to $600,000.00. This cap is not applicable to the value of accrued medical care and benefits. Any judgment against a single health care provider in excess of $200,000.00 is payable from a patient's compensation fund $500,000 limit on medical malpractice claims for noneconomic damages
Product Liability - N.M. Stat. Ann. § 41-4-19 (2007); § 41-4-19; Maximum liability;
A. In any action for damages against a governmental entity or a public employee while acting within the scope of his duties as provided in the Tort Claims Act [41-4-1 NMSA 1978], the liability shall not exceed:
(1) the sum of one hundred thousand dollars ($ 100,000) for damage to or destruction of property arising out of a single occurrence; and
(2) the sum of three hundred thousand dollars ($ 300,000) for all past and future medical and medically related expenses arising out of a single occurrence; and
(3) the sum of four hundred thousand dollars ($ 400,000) to any person for any number of claims arising out of a single occurrence for all damages other than property damage and medical and medically related expenses as permitted under the Tort Claims Act [41-4-1 NMSA 1978]; or
(4) the sum of seven hundred fifty thousand dollars ($ 750,000) for all claims other than medical or medically related expenses arising out of a single occurrence.
B. Interest shall be allowed on judgments against a governmental entity or public employee for a tort for which immunity has been waived under the Tort Claims Act [41-4-1 NMSA 1978] at a rate equal to two percentage points above the prime rate as published in the Wall Street Journal on the date of the entry of the judgment. Interest shall be computed daily from the date of the entry of the judgment until the date of payment.
C. No judgment against a governmental entity or public employee for any tort for which immunity has been waived under the Tort Claims Act [41-4-1 NMSA 1978] shall include an award for exemplary or punitive damages or for interest prior to judgment.Pharmaceutical cases - $500,000 limitation on all damages, excepting medical care expenses
Special Rules for New Mexico Minors (minors tolling) - Except in cases of wrongful death, minors have one year from the date of their 18th birthday to file suit
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New Mexico Trial Lawyers AssociationPO Box 301
Albuquerque, NM 87103-0301
505-243-6003
New Mexico State Police
Headquarters Staff
PO Box 1628
Santa Fe, NM 87501
505-827-3395
