New Mexico · Fire loss claim: what can I do?
Fire loss claim: what can I do?
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| Filing deadline | 3 years for state personal injury claims and 4 years for property damage; 2 years for FTCA claimsN.M. Stat. Ann. § 37-1-8 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in New Mexico?
New Mexico: 3 years for personal injury (N.M. Stat. Ann. § 37-1-8) and 4 years for injuries to property (N.M. Stat. Ann. § 37-1-4). Hermit's Peak/Calf Canyon claimants may seek compensation under the Hermit's Peak/Calf Canyon Fire Assistance Act or under the Federal Tort Claims Act, which requires a written claim to the federal agency within 2 years after the claim accrues (28 U.S.C. § 2401(b)). Discovery rule applies for latent injuries. A lawyer can confirm yours.
Source: N.M. Stat. Ann. § 37-1-8
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
New Mexico's wildfire litigation is dominated by the 2022 Hermit's Peak/Calf Canyon Fire — the largest wildfire in state history (341,000+ acres) — which was caused by the U.S. Forest Service's prescribed burn operations, making the federal government the defendant. Congress passed the Hermit's Peak/Calf Canyon Fire Assistance Act, creating a dedicated FEMA-administered claims process. Utility negligence claims in New Mexico are less common but arise from power line failures in rural areas during high-wind events.
Hermit's Peak/Calf Canyon Fire claims are administered through FEMA under the Hermit's Peak/Calf Canyon Fire Assistance Act (P.L. 117-180), which waives federal sovereign immunity and provides a dedicated claims process separate from standard FTCA litigation. For non-federal wildfire claims, cases are filed in state district courts (San Miguel, Mora, and Santa Fe Counties for northeastern NM fires) and the U.S. District Court for the District of New Mexico (Albuquerque). New Mexico follows a pure comparative fault system (N.M. Stat. Ann. § 41-3A-1) and does not cap compensatory damages in negligence cases.
How this works nationally
For the overall process and updates, read the Fire loss claim: what can I do? overview. This page covers the local information available for New Mexico.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in New Mexico? Read what applies in your state.
Register your interest. If a participating law firm takes these cases, it may contact you.
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- N.M. Stat. Ann. § 37-1-8