New Mexico Pre-Settlement Funding

From oilfield accidents in the Permian Basin to surgical errors in Albuquerque. Non-recourse cash while your case builds.

New Mexico is a vast state with limited hospital access outside Albuquerque and Santa Fe. When a serious injury happens near Farmington, Roswell, or along the rural stretches of I-40, the nearest trauma center can be two hours away. Medical bills pile up fast. Personal injury cases here often take two to three years to settle. New Mexico pre-settlement funding closes that gap. It’s a non-recourse cash advance tied to your active personal injury case. You repay only from your settlement or verdict. If the case doesn’t win, you owe nothing. We fund plaintiffs in every New Mexico county, from Bernalillo to San Juan to Doña Ana, across every personal injury case type.

✓ No Win, No Repayment

✓ $500 to $250,000+

✓ All NM Case Types

Apply For Pre-settlement Funding

Who Qualifies in New Mexico

New Mexico lawsuit funding is available to any plaintiff with an active personal injury case in the state, a contingency attorney, and a claim that falls within the statute of limitations. That’s the baseline. From there, underwriting looks at how strong the liability picture is, what insurance coverage is available, and how well the damages are documented. Your income, employment status, and credit score have no role in the decision. New Mexico follows pure comparative fault, which means even partial fault on your part won’t automatically disqualify you. The advance amount is based on expected recovery, so your attorney’s assessment of the case matters. But eligibility is open to any plaintiff with a funded case on file.

Active New Mexico Filing

A personal injury case on file in a New Mexico district court or the U.S. District Court for the District of New Mexico in Albuquerque. We fund plaintiffs across all 33 New Mexico counties, from Bernalillo and Santa Fe to San Juan, Doña Ana, and the smaller rural counties in between.

Contingency Attorney

Your attorney is licensed in New Mexico and handling the case on a contingency fee basis. Underwriting works directly with the law firm to gather case documents. Out-of-state plaintiffs injured in New Mexico are eligible as long as a New Mexico-licensed attorney is on the case.

Documented Damages

Clear fault on the opposing side, medical records supporting the injury, and a defendant with accessible insurance or collectible assets. Under New Mexico’s pure comparative fault rule, a plaintiff who shares some responsibility can still have a fundable case depending on the overall damages and liability picture.

Personal Injury Cases We Fund in New Mexico

New Mexico’s economy and geography create injury patterns that don’t look like most other states. These are the six case types our team handles most often.

Oilfield and Energy Injuries

Third-party personal injury claims from well site accidents, pipeline failures, and equipment injuries in the Permian Basin’s New Mexico acreage, the Delaware Basin near Carlsbad, and the San Juan Basin in the Four Corners region. Workers’ comp doesn’t foreclose a third-party claim against a negligent contractor or equipment manufacturer.

Highway and Trucking Crashes

Commercial truck and serious injury crashes on I-40 across the Albuquerque metro and into eastern New Mexico, I-25 between Las Cruces and Raton, and long-stretch rural highways like US-550, US-285, and US-54, where emergency response times are long and injuries tend to be severe.

Medical Malpractice

Surgical errors, delayed diagnosis, anesthesia failures, and birth injury claims at University of New Mexico Hospital, Presbyterian Healthcare Services, Memorial Medical Center in Las Cruces, and critical access hospitals serving rural counties across the state.

Agricultural and Farm Injuries

Third-party personal injury claims from equipment failures, pesticide exposure, and unsafe working conditions on commercial farms and ranches in Doña Ana, Chaves, Lea, and Roosevelt counties, where agricultural operations employ large numbers of seasonal and permanent workers.

Construction Injuries

Falls, crane accidents, and worksite injuries across Albuquerque, Rio Rancho, and Santa Fe’s active construction corridors, plus infrastructure and energy-related projects statewide. Third-party claims against negligent contractors and property owners are fundable even when workers’ compensation is also in play.

Premises Liability

Slip-and-fall, negligent security, and unsafe condition claims at commercial properties, tribal gaming facilities, hotels along the I-40 and I-25 corridors, and residential buildings throughout New Mexico.

Get a New Mexico lawsuit advance today

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Or call toll-free at (800) 961-8924.

New Mexico Pre-Settlement Funding Laws and Regulations

New Mexico has one of the more plaintiff-friendly personal injury frameworks in the country. The state follows pure comparative fault, which means a plaintiff who contributed to their own injury can still recover a proportional share of damages. There’s no percentage bar. The statute of limitations runs three years for most personal injury claims, longer than the two-year window in most states. New Mexico lawsuit funding decisions are built around these rules. The summary below is a reference guide. Confirm your specific deadlines and recovery rights with your attorney before acting on anything here.

Statutes of Limitations

Personal injury (general): 3 years, NMSA 1978, Section 37-1-8 ^[1]
Medical malpractice: 3 years from the date of the act or omission (NMSA 1978, Section 41-5-13), with a discovery rule and a 6-year absolute cap
Wrongful death: 3 years from the date of death (NMSA 1978, Section 41-2-2)
Claims against public entities: written notice of claim required within 90 days of the occurrence (NMSA 1978, Section 41-4-16)

New Mexico’s 3-year window is longer than most neighboring states, but that doesn’t mean cases move faster. Many NM personal injury cases still take two to three years to resolve. The government notice deadline is a common trap. If your injury involved a public road, bridge, or transit system, the 90-day clock may already be running.

Auto Insurance Minimums

Bodily injury liability: $25,000 per person / $50,000 per accident ^[2]
Property damage liability: $10,000
New Mexico is an at-fault state. No mandatory personal injury protection (PIP)
Uninsured motorist (UM) and underinsured motorist (UIM) coverage is available but not required

Rural New Mexico highways have a high rate of uninsured and underinsured drivers. Many serious injury cases involve limited available coverage. Underwriting accounts for this when reviewing auto cases, including available UM/UIM coverage through the plaintiff’s own policy.

Pure Comparative Fault

New Mexico follows pure comparative fault (Scott v. Rizzo, 1981)
A plaintiff assigned any percentage of fault can still recover a proportional share of total damages
There is no bar threshold. A plaintiff 80% at fault can recover 20% of damages
Fault is apportioned among all parties, including non-parties when evidence supports it

Pure comparative fault matters for funding. A New Mexico plaintiff who is partially at fault still has a recoverable case. Underwriting weighs expected recovery net of fault apportionment. Cases with high plaintiff fault may result in smaller advances, but they’re not automatically disqualified.

How to Apply for New Mexico Pre-Settlement Funding

The application takes five minutes. Most New Mexico files have a funding decision before the next business day ends.

Tell Us About Your Case

Fill out the form above or call (800) 961-8924. We’ll need your case type, the county where it’s filed, and your attorney’s name and phone number. That’s it for the application.

We Review the Case

Our underwriting team contacts your attorney directly and pulls the case documents. We look at liability, available insurance, documented damages, and pure comparative fault allocation. Most NM files get a decision the same business day the attorney responds.

Money in Your Account

Sign the funding agreement with your attorney and we send the ACH the same day. Most New Mexico plaintiffs have the deposit in their account within 24 hours of signing.

Questions from New Mexico Plaintiffs

I was partly at fault for my injury. Does New Mexico’s pure comparative fault rule help me?

It can. Under pure comparative fault, you can recover a portion of your damages even if you were mostly at fault. A plaintiff who is 40% responsible for an accident can still recover 60% of total damages. For funding purposes, underwriting uses the expected net recovery after fault apportionment to determine the advance amount. A case where you carry some fault isn’t disqualifying. It just affects how much we can advance against it.

I was hurt on an oil and gas worksite in the Permian Basin. Can I get funded?

Yes, if you have a third-party personal injury case on file. Workers’ comp in New Mexico covers injuries caused by your employer, but it doesn’t bar a separate civil claim against a negligent third party, like a drilling contractor, equipment company, or site operator who isn’t your direct employer. If your attorney has filed that claim, it’s a fundable case. The oilfield work in New Mexico’s Permian and Delaware Basin acreage produces a meaningful number of third-party injury filings each year.

My injury happened near or on tribal land. Does that affect my application?

Jurisdiction on tribal land is complex and depends on where the injury happened, who caused it, and whether the defendant is a tribal entity or an outside party. Cases against non-tribal defendants on or near tribal land often proceed in state or federal court and can be funded in the same way as any other New Mexico personal injury case. Your attorney’s assessment of which court has jurisdiction is the key factor. We can review the file once the court of record is confirmed.

My case has been open for two years already. Am I still eligible?

Yes. There’s no time cap on when you can apply. Cases that have been pending for one, two, or even three years are still fundable as long as they’re active and haven’t settled. In some respects, a case that’s already been building for two years has more developed documentation, which can actually make the underwriting review faster. Apply at any stage of the case.

Submit your New Mexico lawsuit loan application today