New Mexico Traumatic Brain Injury Resources & Support Programs

New Mexico residents living with a traumatic brain injury (TBI) have access to a variety of advocacy organizations, educational initiatives, and support services designed to assist individuals and families throughout the recovery process. Resources such as the Protection & Advocacy System, Inc., the Brain Injury Alliance of New Mexico, and the state’s Children’s Helmet Law awareness program help promote brain injury prevention, protect the rights of individuals with disabilities, and connect residents with valuable support networks. These organizations can provide important guidance for those navigating the challenges that often follow a traumatic brain injury.

The state also offers programs through the Behavioral Health Services Division and the Division of Vocational Rehabilitation that may help eligible residents access treatment, rehabilitation, employment assistance, and community resources. These services can play an important role in helping individuals regain independence and improve their quality of life after a brain injury. Understanding the available rehabilitation, employment assistance, and community resources can help New Mexico residents identify programs that support long-term recovery and ongoing care needs.

Statute of Limitations and Repose

How to use this list of New Mexico Statutes of Limitations and Repose

• “General Tort” is the statute of limitations for most personal injury or negligence claims (e.g., car accidents, slip and fall, general liability).
• “Medical Malpractice is the statute of limitations for lawsuits against healthcare providers and hospitals for alleged negligence or errors in medical care.  The phrase “from act/omission” = Time starts from the date of the alleged malpractice. The phrase “from discovery” = Time starts from when the injury was discovered or should have been discovered. The medical malpractice statute of repose is an absolute deadline after the act of malpractice, regardless of when the injury is discovered. After this period, no claim can be brought, even if the injury was not discovered until later.
•  “Products Liability”is the statute of limitations for claims involving injuries caused by defective or dangerous products. The products liability statute of repose is the maximum time after the product was manufactured, sold, or delivered that a lawsuit may be filed, regardless of when the injury occurred or was discovered.
• “Workers’ Compensation” is statute of limitations for filing a workers’ compensation claim for work-related injuries or occupational diseases.  The following phrases apply: “from injury” = Time starts from the date of the injury; “from last payment” = Time starts from the date of the last payment; “from knowledge/discovery” = Time starts from when the injury or occupational disease was, or should have been, discovered; “from first symptom” = For occupational diseases, time starts from first manifestation of symptoms; and “from act/discovery” = Whichever is later, the date of the act or the date the injury was discovered.
• Each entry includes the relevant statute citation for your further research or verification. And “N/A” means that there is no statute of repose or not applicable for that claim type in that state.

Remember that statute of limitations and repose can change, so it is essential to:

• Confirm the current law as soon as possible.
• Remember that there is no substitute for consulting an experienced attorney on a potential legal matter as soon as possible.
• Remember that the facts of the case can alter or change the Statutes of Limitations.

General Tort: N.M. Stat. Ann. § 37-1-8 (3 years)

Medical Malpractice: N.M. Stat. Ann. § 41-5-13 (3 years from act)

Products Liability: N.M. Stat. Ann. § 37-1-8 (3 years)

Workers’ Comp: N.M. Stat. Ann. § 52-1-31 (1 year from injury/last payment)