You have up to two years to file a tort claim in New Mexico. However, you must provide the government entity with a Notice of Claims within 90 days of the occurrence. If you miss either deadline, you negatively impact your right to file a claim under the law.
Other rules, stipulations, and exclusions apply. Ensure you get legal advice from a personal injury attorney if you think you may have a case against a state-level government entity in New Mexico. We can explain how the Act affects your situation and what you can do to recover financial and physical losses.
In This Article
New Mexico personal injury lawyer, Marc A. Grano, discusses each of these deadlines in greater detail and how they affect each other. He also offers a refresher on the N.M. Tort Claims Act, its purpose, and how to tell if you have a claim. Grano Law Offices, P.C. wrote this article for people who think they were negligently injured by a government entity or employee.
Important Tort Claim Act Deadlines to Know
Under Chapter 41, Article 4, the New Mexico Statutes assign deadlines that the parties must follow. The injured party should be aware of the Notice of Claim requirement and Statute of Limitations deadlines. However, it is also worth noting that situation-specific timeframes may apply, meaning that you should get legal advice as soon as possible to determine if a unique situation impacts you.
Below, we discuss what the law says about the Notice of Claim and Statute of Limitations deadlines:
Deadline 1. Notice of Claims
The Notice of Claims, also known as the Tort Claims Notice, informs the public department that you are filing a claim against it and that litigation may ensue. Under NMSA § 41-4-16, you have up to ninety (90) days from the date of your injury to submit this notice. This claim notification is necessary since the government needs to protect the state treasury through predictability while defending its position using time-limited resources.
Deadline 2. Statute of Limitations
Per NMSA § 41-4-15, the law generally gives you up to two years to file a civil complaint from the date of your injury or family member’s death. The only exception to this rule is if the injured party was under the age of seven, then the Tort Claims Act allows legal parents or guardians to file a claim until the child’s ninth birthday.
How These Deadlines Affect Each Other
Missing either deadline negatively impacts your case. While there are very rare exceptions to these rules, not knowing about them or forgetting them is not an acceptable reason to permit an extension under the law. If you have questions about how statutory deadlines impact your tort claim, speak with a New Mexico Tort Claims Act lawyer to help you determine your legal options.
What is the New Mexico Tort Claims Act?
The New Mexico Tort Claims Act describes how courts should handle claims against public departments, agencies, and employees. It also addresses specific rules that both parties must recognize and follow under NMSA §§ 41-4-1 through 41-4-30, such as deadlines, damages caps, and liability.
Purpose of the Tort Claims Act
The Tort Claims Act protects the public treasury, enables government functionality, and allows the New Mexico government to carry out its purpose. It also provides for government immunity while still allowing citizens to file claims in specific situations.
Related Article: New Mexico Tort Claims Act: What Is a Tort Claim?
Does Your Case Fall Under the New Mexico Tort Claims Act?
It is sometimes challenging to determine if you should file a claim under the Tort Claims Act or if you should follow general personal injury rules. Only a New Mexico lawyer is licensed to offer this type of guidance. However, we can offer a few examples of cases that may fall under claims against the government.
Here are a few examples of Tort Claim cases below:
- On duty state or city employee in a government vehicle causing an auto accident
- Poorly maintained or faulty playground equipment injuries
- Poorly maintained roadway accidents
- Poorly designed public walkway injuries
- Falling on a slippery floor at City Hall
- Tripping over exposed wires at the Motor Vehicle Department (MVD)
The list of potential outcomes is extensive. If you are uncertain as to whether a government body was involved in your injury, it is crucial that you contact an attorney immediately so that you do not miss the 90-day and statute of limitations deadlines. Otherwise, you will miss your chance to recover losses related to medical bills, work wages, and more.
Related Article: What Cases Do Personal Injury Lawyers Handle?
Does the New Mexico Tort Claims Act Address Federal Cases?
No, the New Mexico Tort Claims Act does not address federal cases. Instead, you would need to file your claim under the Federal Tort Claims Act. In general, you have up to two years to file a claim against the federal government.
Related Article: What Is the Federal Tort Claims Act?
Get Advice About Your Legal Options
There is no denying that the New Mexico Tort Claims Act carries specific rules that injury victims need to follow. However, it is worth remembering that you are the one suffering from injuries, and the government has a liability to meet when proven under the law. Get legal advice from an attorney with experience pursuing these types of claims so that you can focus on your physical and financial recovery.
Get a Free Case Evaluation from Grano Law Offices, P.C.
The Tort Claims Act injury lawyer at Grano Law Offices, P.C. will discuss your legal options if a public agency or employee negligently injured you at no cost or obligation. Call our Las Vegas, New Mexico office for your Free Case Evaluation at (505) 426-8711 or message us online. If you determine that hiring our office is the best choice for your case, there are no attorneys’ fees unless you win.
