What you need to know about New Mexico Tort Claims Act

If you sustain an injury or other damages due to another party’s negligent actions, you need to sue the liable party. But what if the liable party is a government entity or an employee of a government entity?

Various government entities and their employees enjoy broad immunity against lawsuits. However, this immunity excludes certain personal injuries and wrongful death claims. If a government agency is responsible for your injury, then you need to file a claim to recover applicable damages. However, there is a caveat:

You must provide your tort notice within 90 days

Time is NOT on your side. You have exactly 90 days from the date of your injury or a loved one’s death to file your initial tort notice. You must present this notice to the government agency that was responsible for your injury or loved one’s death. In your notice, be sure to provide a clear description of your injuries as well as the justification for your claim.

Upon receipt of the tort notice, the agency in question can choose to respond or ignore it.

You must file your claim within 2 years

If the government agency ignores or fails to respond to your claim, you need to file your case within two years effective the date of your injury or loved one’s death. You risk forfeiting your right to compensation if you miss this deadline.

New Mexico statute also puts a cap on the amount of compensation you can receive following your injuries.

When a government agency or their employee negligently causes your injuries, you need to pursue the liable party for damages. However, you need to understand important timelines while doing so.