Time limits apply in New Mexico. Find out if you still qualify.
Quick Eligibility Review
Answer one question at a time. This usually takes under 2 minutes.
Check your eligibility — free
Answer 2-3 quick questions to review your potential case.
Verified against court and regulatory records · No upfront fees · Your information is never sold
Statute of limitations — New Mexico
New Mexico: 3 years for personal injury and property damage (N.M. Stat. Ann. § 37-1-8). Federal Tort Claims Act applies to Hermit's Peak/Calf Canyon claims with 2-year administrative filing deadline. Discovery rule applies for latent injuries.
3 years for state claims; 2 years for FTCA claims
Filing venue
Where to File in New Mexico
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. The Act authorized $3.95 billion in compensation for fire victims. 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.
New Mexico data
Exposure in New Mexico
The 2022 Hermit's Peak/Calf Canyon Fire burned over 341,000 acres in San Miguel, Mora, Colfax, and Taos Counties — the largest wildfire in New Mexico history. The fire was caused by two separate U.S. Forest Service prescribed burns that escaped containment.
341,000+ acres
Source: U.S. Forest Service / InciWeb
Congress authorized $3.95 billion through the Hermit's Peak/Calf Canyon Fire Assistance Act to compensate fire victims, creating a dedicated FEMA-administered claims process that waives federal sovereign immunity.
$3.95B authorized
Source: Hermit's Peak/Calf Canyon Fire Assistance Act (P.L. 117-180)
The Hermit's Peak/Calf Canyon Fire damaged or destroyed over 900 structures including homes, outbuildings, and acequia infrastructure critical to traditional Hispanic and Native American land-grant communities in the Sangre de Cristo Mountains.
900+ structures damaged
Source: FEMA Hermit's Peak Claims Office
Keep reading