People who are injured by someone else’s negligence in New Mexico have the opportunity to bring a personal injury case in New Mexico civil courts. However, if you are hurt by a government employee or agency, the situation will need to adhere to different rules that dictate tort claims against government agencies, employees and entities in New Mexico. The following article will explain the key points or rules pertaining to a case of this nature.
The New Mexico tort claims act states that government employees and entities are granted immunity from liability for any tort. However, exceptions do exist and that leads to the next question.
What Does the Act Cover?
According to this tort claims act, it insinuates that government employees and entities cannot be held liable even if they cause harm to a private person or company. However there are several exceptions and it is possible to seek compensation from the government in New Mexico if you are injured as a result of a car accidents whereby the car was driven by a government employee who was carrying out his duties at the time. You may also qualify for compensation if your injuries resulted from dangerous or defective property such as a slip and fall incidents or even a physical attack caused by inefficient security or perhaps even a physical attack by a government employee.
You may also seek compensation for medical malpractice caused by a government employee who was working in the healthcare institution. Negligence claims pertaining to maintenance of public roads and streets or construction including pictures, sidewalks, alleys and parking lots are also allowed. Compensation may also be given for injuries arising from the way of government or any of its employees working at an airport.
Since exceptions do exist for every possible scenario, meaning that there are exceptions to the exceptions, it is advisable that you read over New Mexico’s statutes and also speak to a qualified attorney or personal injury lawyer before pursuing a personal injury claim against the government.
If you believe that you stand a good chance of receiving compensation for your injuries, then your claim must be filed within two years of the date of injury. However, if the injured person is younger than seven years, at the time of injury, that individual has until his or her ninth birthday to file a claim. The rule is that if the claim is not filed within the two-year period, it will not be heard in court.
In cases of damages under the new tort claims act, the government can be expected to pay approximately $200,000 for property damage, $300,000 for past and future medical expenses and $400,000 for damages not resulting from property damage or medical bills. Ultimately, under the new act, the government will not pay more than $750,000 to any individual for damages in any one claim. Injured parties are also not allowed to seek punitive damages in claims against the New Mexico government. In addition to bringing a lawsuit against the state government, victims of personal injury can also bring claims against the local and municipal government bodies in New Mexico.