In the past, these public officials and government agencies may have been protected from civil action due to qualified immunity laws.
Through the New Mexico Tort Claims Act, you may be able to pursue legal action against a government agency or official responsible for causing your injuries, depending on the specific details of your case. An experienced government tort lawyer in Albuquerque, NM could help you get the most out of your claim.
Contact Harrison, Hart & Davis, LLC for a free consultation to find out how to start working on your case.
What are Torts?
A tort claim is a civil lawsuit you could file when someone else is responsible for causing your injury or illness. Generally, the liable party must have acted with negligence or intent for you to have grounds for a tort claim.
Torts are commonly referred to as personal injury or wrongful death lawsuits. When another party is at fault for your damages, they should be compelled to compensate you accordingly.
However, before the New Mexico Tort Claims Act was passed, government agencies and officials were protected from being sued under what was referred to as sovereign immunity. You may have been prohibited from filing a lawsuit against these individuals and entities.
It is important to note that if you are pursuing a tort claim, you must do so before the deadline. In New Mexico government tort claims, you will only have a maximum of 90 days for a personal injury claim and six months in a wrongful death claim to get your lawsuit filed before the deadline runs out.
Under the New Mexico Tort Claims Act Section 41-4-4, there are exceptions to sovereign immunity, as long as specific elements have been met. These elements include:
While the New Mexico sovereign immunity doctrine was not repealed, the New Mexico Tort Claims Act now provides exceptions to sovereign immunity, allowing injury victims to fully hold those responsible for their injuries accountable to the law.
Under the New Mexico Tort Claims Act, in certain situations, you may have the right to pursue a personal injury lawyer or wrongful death claim if a governmental body was involved. These include:
These are only a few ways you might have a claim against a governmental body under the New Mexico Tort Claims Act. If you are still unsure whether you have grounds for a lawsuit, you could find out by contacting your civil rights attorney in Albuquerque, NM for help.
“Good lawyer. Won my case quickly and gave me some of the money I gave him back.” - Andrew
Tort Lawsuit Process & Outcomes
Although you may feel anxious about moving forward with your tort lawsuit, knowing how the process works might help—and every claim is different. Some parties may settle outside of court, while others must file a formal civil lawsuit against the government official or agency.
The burden of proof in these cases is based on a preponderance of the evidence, so your attorney will need to gather compelling evidence that proves liability in your case.
Having a lawyer on your side can ensure that you will have the opportunity to recover the evidence you need, pursue all relevant avenues for financial recovery, and accurately calculate the value of your claim.
Under the New Mexico Tort Claims Act, the damages an Injury victim can be awarded are limited to the following:
It should also be noted that punitive damages are not allowed to be awarded in New Mexico tort claims. Although common personal injury and wrongful death claims may warrant an award of punitive damages, this is prohibited under New Mexico law.
Call Us For Help Today
Pursuing a tort claim against a government official or agency is more complex than claims against an individual or corporation. However, you can rest easy knowing you have a dedicated government tort lawyer in Albuquerque, NM advocating for you.
Reach out to our Harrison, Hart & Davis, LLC team for a no-cost, risk-free consultation today. You can reach us through our quick contact form or by phone at (505) 295-3261 when you are ready to get started on your government tort claim.
From our office in Albuquerque, Harrison, Hart & Davis, LLC serves clients throughout New Mexico. We are focused on getting you the best outcome possible in the harshest of situations.