Understanding New Mexico’s Tort Claims Act
Navigating the legal landscape after experiencing a personal injury can be overwhelming, particularly when the injury involves a government entity. In New Mexico, the Tort Claims Act provides specific guidelines and limitations on how these cases are handled. Understanding this Act is crucial for anyone seeking compensation for damages involving state or local government entities.
What is the New Mexico Tort Claims Act?
The New Mexico Tort Claims Act (NMTCA) was established to delineate the circumstances under which a person can bring a lawsuit against a government entity or its employees. Unlike private individuals or corporations, government entities are typically protected by sovereign immunity, meaning they cannot be sued. The NMTCA waives this immunity in certain situations, allowing individuals to pursue claims for injuries resulting from the negligence of government employees or entities.Key Provisions of the NMTCA
1. Scope of Waiver: The NMTCA specifies particular scenarios where the state has waived its immunity. These include negligence involving motor vehicles, medical malpractice in public hospitals, and unsafe conditions in public buildings, among others. Working with an experienced personal injury lawyer in Albuquerque and understanding whether your case falls under these categories is the first step in pursuing a claim.2. Notice Requirement: One of the critical aspects of the NMTCA is the requirement to provide timely notice to the government entity. Typically, a claimant must notify the entity within 90 days of the incident. This notice must include details of the incident, the injury sustained, and the circumstances leading to the claim. Failure to meet this requirement can result in the dismissal of your claim.
3. Statute of Limitations: In addition to the notice requirement, there is a statute of limitations for filing a lawsuit under the NMTCA. Generally, claimants have two years from the date of the incident to file a lawsuit. However, this period can be affected by various factors, so consulting with a legal professional is advisable.
4. Damages Cap: The NMTCA imposes a cap on the amount of damages that can be awarded. As of the current law, the cap is set at $750,000 for all damages other than medical expenses. This cap includes compensation for pain and suffering, lost wages, and other non-medical damages. Medical expenses are not capped, but they must be reasonable and necessary.
5. Exemptions and Exceptions: Not all claims against government entities are allowed under the NMTCA. For instance, intentional torts (like assault and battery) by government employees are typically not covered unless the employee was acting within the scope of their employment and under the color of state law. Additionally, certain functions, such as legislative and judicial actions, are immune from lawsuits.
Filing a Claim Under the NMTCA
1. Consult an Attorney: Given the complexity of the NMTCA, it is crucial to consult with an experienced personal injury attorney who understands the intricacies of these cases. An attorney can help determine if your case falls under the exceptions to sovereign immunity and ensure that all procedural requirements are met.2. Gather Evidence: Documenting the incident and gathering evidence is essential. This includes obtaining police reports, medical records, witness statements, and any other relevant information that supports your claim.
3. Submit Notice: Timely submission of the notice to the appropriate government entity is critical. This notice must be precise and comprehensive, detailing all aspects of the claim.
4. File the Lawsuit: If the government entity does not settle the claim or denies it, you may proceed to file a lawsuit. This must be done within the statutory time frame, and adhering to this deadline is crucial to avoid losing the right to sue.
The New Mexico Tort Claims Act provides a pathway for individuals to seek redress for injuries caused by the negligence of government entities and their employees. However, navigating the Act’s requirements and limitations requires careful attention to detail and often the expertise of a legal professional. By understanding the provisions of the NMTCA, claimants can better prepare themselves to pursue their claims effectively and secure the compensation they deserve.
Do You Need An Attorney?
If so, post a short summary of your legal needs to our site and let attorneys submit applications to fulfill those needs. No time wasted, no hassle, no confusion, no cost.
Posted - 06/13/2024
Connect with us:
Learn about us:
