The snowstorm you were driving in was a near blizzard. As you were making your way home, a vehicle owned by the city, county, state, or federal governments slammed into your vehicle causing your vehicle to be a total loss and for you to suffer personal injuries.
You were coming home from a birthday party one night, and without you knowing it, a horse was on the county or state road. Despite your taking evasive actions, you struck this livestock causing serious damage to you and your vehicle. The state owned and maintained fence was in disrepair and the livestock was able to venture onto the road.
These scenarios are just examples of real events handled by the Barudin Law Firm in filing and litigating claims against the State of New Mexico. Claims against the state are filed under the Tort Claims Act and must follow strict procedures in filing the required notice to the State and its agencies.
In New Mexico, a person claiming that they were injured by city, county, or state employee, must file written notice with the respective agency within ninety (90) days if there was an injury, and one hundred eighty (180) days if there was a fatality or wrongful death.
While New Mexico law allows for a personal injury claim to be filed within three (3) years, the New Mexico Tort Claims Act requires that any litigation be filed within two (2) years of the date of when the claim occurred.
Unlike the Federal Tort Claims Act, you are allowed a jury trial and the lawsuit will be filed in state court. Your case will require expert witness testimony to prove that the employee or agency was negligent and breached the standard of care. Typical examples of Tort Claims Act cases include negligent claims against the New Mexico Department of Transportation, University of New Mexico Hospital, New Mexico State Police, State and/or county jails, and city governments and agencies. Each of these governmental agencies requires written notice to be given or your claim will be forever barred.
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