Municipal Liability Lawyers in Albuquerque, NM

If you’ve been harmed by a municipality or public employee in Albuquerque, NM, you should contact a personal injury lawyer who can guide you through a claim. Harrison & Hart, LLC is here for you.

What Are Municipal Liability Claims?

Most personal injury claims involve a private party that has acted negligently and caused you injuries. However, a government entity or public employee may cause you harm in some situations. Government negligence can lead to a municipal liability claim.

Municipal liability claims are treated like other tort claims in New Mexico, where the injured plaintiff must prove that the defendant caused them harm through negligence. However, some very different aspects of municipal liability claims must be recognized, or you may give up the right to compensation.

Who Could Be Liable in a Municipal Liability Claim?

In a municipal liability claim, a government entity, such as a county or city, may be held liable for causing injury to an individual. Additionally, a public employee acting on behalf of the government may also be responsible.

State and federal government entities, as well as their employees, may also be held responsible for injuries or violations of civil rights.

Common Types of Municipal Liability Claims in New Mexico

There are several types of claims that our municipal liability lawyer has handled, including those involving:

• Public schools
• Law enforcement or police departments
• Local hospitals
• Public parks
• City motor vehicles
• Defective highways and roadways
• False arrests
• Civil rights violations
• Slips, trips, and falls in a government building

If you’ve been injured by a public employee or in a government building, you should contact a lawyer who specializes in suing municipalities. You must work with an attorney who understands how New Mexico tort law applies to municipalities.

Could You Sue the Federal Government for Damages?

You may also have a claim against the federal government. For example, the federal government may be responsible if you are injured at a national park, post office, or military base.

In these cases, the Federal Tort Claims Act (FTCA) applies. It addresses litigation against the federal government, which involves holding a federal agency accountable for its negligence.

How to File a Municipal Liability Claim

Before you sue a city, county, or municipality, you should know how to file a municipal liability claim.

If you’ve been injured by a county or city entity or public employee, you must file a claim with the appropriate clerk. This involves drafting appropriate legal documents, including complaints, summonses, notices, and other required information.

If your claim is against the state, you will have to file a claim with the risk management division of the State of New Mexico. This will constitute the necessary notice before you can sue the state.

A municipal liability lawyer can ensure you file your claim with the appropriate government office so that you don’t miss a necessary deadline and lose your opportunity to get compensation.

Common Damages in a Municipal Liability Claim

You can collect damages in a municipal liability claim if you have been injured. For example, you can get money for:

• Past and present medical costs
• Lost wages
• Loss of earning capacity
• Disability
• Disfigurement
• Pain and suffering
• Property damage

However, there is a limit, called a “damage cap,” on how much you can recover from a government entity under the New Mexico Tort Claims Act. You can only get up to:

• $200,000 for property damage
• $300,000 for medical expenses
• $400,000 for compensatory damages (like pain and suffering)

These caps on damages apply to a single claim. Thus, multiple people may make different claims, which will have individual damage caps when you sue the government.

How Long Do You Have to File a Municipal Liability Claim?

Municipal liability claims have strict deadlines, and missing them can cost you your right to compensation. Like other personal injury cases, these time limits, known as statute of limitations, determine how long you have to take legal action. If you miss the filing window, your case can be dismissed, even if you have strong evidence of government negligence.

Under the New Mexico Tort Claims Act, lawsuits against a government entity or public employee must generally be filed within two years of the date of injury. However, additional notice requirements make these cases even more time-sensitive.

• 90-Day Notice Rule: You must give written notice of your injury to the responsible government agency or employee within 90 days of the incident.
• Wrongful Death Claims: If the case involves a death, a personal representative must provide notice within six months of the injury that caused the death.

Some exceptions may extend these deadlines. For instance, civil rights violations under federal law have a three-year statute of limitations, and cases involving minors may be subject to special timing rules. Because these timelines can vary, it’s essential to speak with an experienced municipal liability lawyer as soon as possible to protect your right to recovery.

Harrison & Hart Is Here for You

After a personal injury, it can be challenging to decide your next steps. If the government caused that harm, it could be even more intimidating. The deadlines are strict, and the requirements for serving a notice to the government must be met. Don’t let your claim get dismissed because you miss something.

Our municipal liability attorney has a strong track record of success. We fight hard for our clients and achieve their goals. Call Harrison & Hart, LLC today at (505) 295-3261 or use our online contact form to reach out.