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Jun 23, 2026
If you have been injured because of the negligence of a government employee or entity, the process for recovering compensation is different compared to many other personal injury cases. The New Mexico Tort Claims Act is the tort law that governs these cases.
Understanding this law is important because government agencies and employees are often immune from certain types of injury claims. The New Mexico Tort Claims Act describes when they can be held liable. It also outlines the rules, notice requirements, deadlines, and damage limits that apply to your case. Missing these requirements can potentially leave you unable to receive compensation.
What Is the New Mexico Tort Claims Act?
The New Mexico Tort Claims Act is a state law that governs when you can file a claim against a government entity for injuries caused by negligence. This is an important law because government agencies and employees generally have sovereign immunity, which protects them from claims. The New Mexico Tort Claims Act provides exceptions, allowing victims a path to recovering damages.
Common Examples of a New Mexico Tort Claims Act Case
Tort law outlines specific circumstances where claims against the government can and cannot be filed. Because of the many restrictions and complex requirements, you should speak with a New Mexico Tort Claims Act Attorney about your specific case. However, some common examples of tort claims that may be permitted under the New Mexico Tort Claims Act include:
- Injuries sustained due to the government operation of a vehicle, aircraft, or watercraft
- Medical malpractice in a government-operated healthcare facility
- Injuries due to the construction of roads, bridges, sidewalks, and parking lots
- Assault or battery from a law enforcement officer
Motor vehicle accidents are extremely common claims in New Mexico. In 2024, there were 45,042 traffic crashes in New Mexico. Work zone crashes resulted in 42,094 people becoming injured and 850 people dying nationwide. While not all of these cases involved the government, if the accident occurred due to a government employee or agency operating a vehicle on the road or in a work zone, it may be covered by tort laws.
Filing Requirements Outlined in the New Mexico Tort Claims Act
The New Mexico Tort Claims Act regulates more than whether your case can be brought against a government entity. The act establishes strict procedural requirements that must be followed to recover compensation. Missing these details can leave you barred from filing a claim.
One of the requirements is that you must provide written notice of the claim to the appropriate government agency within 90 days of the accident. The claim must also be filed within two years of the injury.
Why You Should Hire a Tort Claims Act Lawyer From Berenson & Associates, PC?
When a claim involves a government entity, having a New Mexico Tort Claims Act Attorney can make a significant difference. At Berenson & Associates, PC, we have over 25 years of experience handling complex claims against government agencies, such as the New Mexico Department of Transportation, the University of New Mexico Hospital, or the New Mexico State Police.
The skilled attorneys at Berenson & Associates, PC, can help you by:
- Explaining the New Mexico Tort Laws. Tort laws rely on case-specific details to determine how you can proceed. A lawyer can explain the specific laws and procedures you must follow depending on your case.
- Thoroughly investigating your case. A lawyer can gather evidence such as photos and videos, witness statements, surveillance footage, police reports, and medical records to create the strongest case possible.
- Negotiating for a fair recovery. Government agencies and their insurers often are aggressive about avoiding liability and minimizing payouts. A lawyer can combat this, helping you achieve fair compensation.
- Represent you during negotiations or court proceedings. A lawyer can communicate and present evidence on your behalf. This can reduce your stress while making sure that your case is presented clearly and effectively.
FAQs
What Are the Four Elements of a Tort Claim?
The four elements of a tort claim are those that must be proven to establish the government’s liability and recover compensation. The first element is duty of care, the government entity’s legal obligation to act in a way that would avoid or prevent an accident. Second is breach of duty, the failure to uphold the duty of care. Causation means proving the government entity’s actions directly caused your injury. Finally, you must prove that you suffered actual damages.
What Is the Damage Cap for the New Mexico Tort Claims Act?
Under the New Mexico Tort Claims Act, you cannot recover more than $750,000 for a single accident. This includes a maximum of $200,000 for property damage, $300,000 for medical expenses, and $400,000 for all other damages. Additionally, punitive damages are not included in compensation in these claims. An experienced lawyer can help you further understand these caps.
Can You File a Claim Against a Law Enforcement Officer in New Mexico?
Yes, you can file a claim against a New Mexico law enforcement officer in certain cases. For example, assault, battery, bodily injury, wrongful death, false imprisonment, malicious prosecution, and similar offenses may leave you able to file a claim. The New Mexico Tort Claims Act does not allow victims to file claims against law enforcement officers for violations of their constitutional rights.
When Should You Hire a New Mexico Tort Claims Act Lawyer?
You should contact a tort claims act lawyer as soon as possible after an accident caused by a government agency or employee. Working with a lawyer early on allows them to recover evidence from the accident scene, which can be important when determining whether you can file a claim under the New Mexico Tort Claims Act. A lawyer can also help you meet tight deadlines, such as the 90-day notice deadline and the two-year filing deadline.
Speak With a Dedicated New Mexico Tort Claims Act Attorney Today
If you believe a government entity or employee may be responsible for your injuries or property damage, do not wait to explore your legal options. The New Mexico Tort Claims Act imposes strict deadlines that must be met. Contact Berenson & Associates, PC, today to work with an experienced lawyer on your New Mexico Tort Claims Act case.
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