Time limits apply in New Mexico. Find out if you still qualify.
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Verified against court records, regulatory records, and peer-reviewed research.
Last reviewed against primary sources: June 12, 2026
Statute of Limitations
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
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.
Exposure in New Mexico
Source: U.S. Forest Service / InciWeb
Source: Hermit's Peak/Calf Canyon Fire Assistance Act (P.L. 117-180)
Source: FEMA Hermit's Peak Claims Office