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A Claim Against the Government

Section 41-4-16 — written notice within ninety days, and suit within two years

A person claiming damages from the state or a local public body under the Tort Claims Act presents a written notice of the time, place and circumstances of the loss or injury within ninety days after the occurrence.

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Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.

A claim againstThe notice goes to
A claim againstThe stateThe notice goes toThe risk management division
A claim againstA municipalityThe notice goes toThe mayor
A claim againstA school districtThe notice goes toThe superintendent
A claim againstA countyThe notice goes toThe county clerk
A claim againstAnother local public bodyThe notice goes toIts administrative head

No suit is maintained without that notice unless the governmental entity had actual notice of the occurrence, and the time does not run during up to ninety days in which the injury leaves the person unable to give it.

Two years to sue. A tort action against a governmental entity or public employee is barred unless begun within two years after the occurrence, except that a child under seven has until their ninth birthday.

Governmental entities are immune from contract actions except on a valid written contract, and those are barred unless brought within two years of accrual.

Sources for this section (4)
  1. NMSA 1978, § 41-4-15 — Statute of limitations
  2. NMSA 1978, § 41-4-16 — Notice of claims
  3. NMSA 1978, § 37-1-23 — Contractual liability; statute of limitations
  4. NMSA 1978, § 37-1-24 — Suits against municipalities or their officers

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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