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Home Personal Injury What is the New Mexico Tort Claims Act?

What is the New Mexico Tort Claims Act?

November 6, 2021   |   Posted by: Begum Law Group
Cityscape of Albuquerque, New Mexico

After you have suffered debilitating injuries in an accident caused by someone else, you have the right to seek compensation for your suffering. But when the at-fault party is a government employee or agency, you may find that obtaining the compensation you deserve is far more challenging.

The New Mexico Tort Claims Act generally states that government employees, agencies, and entities have immunity from liability in any tort claim. However, exceptions in the New Mexico Tort Claims Act could allow you to hold the liable party accountable for their negligence.

How to File a Claim Under the New Mexico Tort Claims Act

To be able to file a claim under the New Mexico Tort Claims Act, your case will need to fall under one of the several exceptions that apply. Some of the common exceptions that allow injury victims to seek compensation from liable government entities and agencies include:

  • Premises liability injuries related to property defects or dangers
  • Airport injuries related to government employee or entity operations
  • Car accidents, or any other type of motor vehicle accident, involving government employees who were on the job at the time of the accident
  • Medical malpractice by government employees
  • Negligent operation of public utilities
  • Negligent construction or maintenance of public roads, streets, bridges, and parking lots

File Before the Deadline

The statute of limitations for filing claims against New Mexico government entities and employees is only two years. You will need to act quickly to get your lawsuit filed before the statute of limitations expires or risk losing your opportunity to get justice in court. The Law Giant can help you file your claim.

What Damages Can You Recover?

The New Mexico Tort Claims Act explicitly states limitations to the types and amounts of damages that a claimant can recover in their case. These include:

  • Up to $300,000 in current, ongoing, and future medical expenses
  • Up to $200,000 in property damages
  • Up to $400,000 for other damages not related to medical bills or property damages

Furthermore, government agencies and employees can only be held accountable for as much as $750,000 in damages per claim. Even if your losses amounted to the maximum limit as described above, you would not be able to collect $900,000. Instead, the most you could recover is $750,000.

Contact a New Mexico Tort Claims Act Lawyer Today

Filing a lawsuit against a government entity or employee can be intimidating, but you could recover compensation and justice with the help of a New Mexico tort claims act lawyer. The Law Giant can ensure you file your claim on time and recover the max for your damages.

Contact Begum & Cowen Injury & Accident Lawyers to schedule your free, no-obligation consultation through our quick contact form or by calling 505-900-0000.

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