Lost Wages in a New Mexico Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in New Mexico, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
3 years
Filing Deadline
At-Fault
Auto System
What Lost Wages You Can Recover in New Mexico
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in New Mexico
New Mexico Injury Law
New Mexico applies pure comparative fault, permitting recovery even when the plaintiff is predominantly responsible, with proportional damage reduction. The statute of limitations is 3 years. New Mexico does not require no-fault PIP insurance. New Mexico's border location creates unique cross-border accident issues, and its oil and gas, mining, and agricultural sectors generate distinctive workplace injury claims. The state's large tribal land areas create jurisdictional questions for accidents occurring on sovereign tribal territory. New Mexico has no general cap on compensatory damages. The New Mexico Tort Claims Act provides limited sovereign immunity waiver for claims against government entities, with damage caps and procedural requirements. Medical malpractice cases in New Mexico have a 3-year statute of limitations and are subject to review under the New Mexico Medical Malpractice Act, which creates a patient compensation fund and caps total recovery at $6 million. Punitive damages are available for reckless, wanton, or malicious conduct.