Santa Fe Tort Claims Act Lawyer

Santa Fe Tort Claims Act Attorney

When individuals in Santa Fe face harm due to the negligence of public employees, pursuing justice can be complicated due to the protections in place for government entities. However, the New Mexico Tort Claims Act provides a pathway for individuals to file claims against state or local government entities for specific types of harm. Working with a Santa Fe Tort Claims Act lawyer can help you pursue the fair compensation you deserve.

The Tort Claims Act serves as an exception to sovereign immunity, but it also imposes strict requirements and limitations that plaintiffs must adhere to when filing a claim.

Berenson & Associates, PC, can assist you in navigating these intricacies, from understanding what types of cases qualify, to ensuring all legal timelines and procedural steps are followed in order to preserve the validity of the claim.

Understanding the New Mexico Tort Claims Act

The New Mexico Tort Claims Act is designed to allow people to seek compensation for injuries, property damage, or losses that arise from certain actions or omissions by government employees or entities. While the Act opens a path for individuals to hold public entities accountable, it also limits the types of claims that can be filed and imposes caps on the compensation that can be awarded.

Types of Claims Under the Tort Claims Act

The Tort Claims Act outlines specific circumstances under which claims can be filed, focusing on incidents that result from negligence, recklessness, or wrongful actions by a government employee performing duties within their official capacity. Common cases include:

• Motor Vehicle Accidents Involving Government Vehicles. Accidents with vehicles owned or operated by a government agency are common grounds for tort claims, as government employees who drive as part of their duties may be held liable in cases of negligent driving.
• Premises Liability on Government Property. When individuals suffer injuries on government property like public parks, government buildings, or sidewalks, they may have grounds for a claim, especially if the injury resulted from unsafe or improperly maintained conditions.
• Negligent Security. Individuals injured due to a lack of adequate security at government properties may have a valid claim. This is often relevant in cases where public buildings, schools, or other facilities fail to provide a safe environment for visitors.
• Medical Negligence at Public Hospitals. If a healthcare provider at a public hospital causes injury through substandard medical care, the victim may seek compensation under the Tort Claims Act.

Filing a Tort Claim: Steps and Deadlines

In New Mexico, filing a tort claim against a government entity or employee involves several critical steps. Unlike standard personal injury claims in Sante Fe, cases under the Tort Claims Act must adhere to specific notice requirements and timelines, or the right to pursue compensation may be lost.

Notice of Claim Requirement

One of the most crucial aspects of filing a tort claim against a government entity in New Mexico is the Notice of Claim requirement. According to the Tort Claims Act, individuals must provide written notice of their intent to file a claim within 90 days of the incident. This notice must include the details of the accident, a description of the injury or damages, and information about the parties involved.

The Statute of Limitations

While the 90-day notice is mandatory, the Act also sets a statute of limitations for filing the actual claim, which is typically two years from the date of the injury. Missing this deadline usually results in the forfeiture of the right to file a claim, so timely action is crucial.

Berenson & Associates, PC, can assist in ensuring that all required paperwork is submitted within these deadlines and that the information provided is complete and accurate. A thorough, well-documented claim notice is essential to establishing the legitimacy of the claim and initiating the path toward resolution.

Damage Caps and Compensation Limitations

The Tort Claims Act places caps on the amount of compensation a claimant may be awarded. These damage caps vary depending on the type of injury or damage involved. It limits the compensation available for medical expenses, lost wages, pain and suffering, and property damage. For instance, while medical expenses and lost wages may be recoverable, punitive damages are not allowed under the Act.

Building a Strong Case Under the Tort Claims Act

Navigating a Tort Claims Act case can be legally challenging due to the procedural and evidentiary requirements involved. Building a strong case requires a comprehensive approach, including gathering detailed evidence, identifying liable parties, and demonstrating how the actions or negligence of the government entity led to the injury or loss.

Evidence Collection

Evidence plays a critical role in proving the validity of a claim. We work with clients to collect and organize documentation, including accident reports, medical records, eyewitness testimonies, and professional evaluations, where necessary. Thorough evidence collection is vital to establishing the extent of the damages and substantiating the claim of government negligence.

Santa Fe Tort Claims Act FAQs

Q: What Does a Tort Lawyer Do?

A: A tort lawyer assists clients in pursuing claims for injuries or damages that are caused by another party’s wrongful actions, including negligence or intentional harm. In the context of the New Mexico Tort Claims Act, a tort lawyer helps clients hold government entities or employees accountable for specific types of injuries or losses.

Q: What Is the Damage Cap for the New Mexico Tort Claims Act?

A: The New Mexico Tort Claims Act imposes limits on the amount of compensation available for different types of damages. These caps vary based on the injury or loss, thereby restricting the total amount claimable from a government entity. For example, the cap on a medical injury is set at $300,000. After reviewing your case, we can help calculate how much to expect.

Q: Can I Recover Punitive Damages in a New Mexico Tort Claim?

A: No, plaintiffs cannot pursue punitive damages under the New Mexico Tort Claims Act. Compensation is typically limited to direct damages like medical costs, lost wages, and certain types of pain and suffering within the established damage caps. We can help evaluate your case and determine how much compensation you can expect.

Q: What If My Tort Claim Is Denied by the Government Entity?

A: If your claim is denied, you may still have options, including the filing of a civil claim. Working with a tort claims lawyer can help you assess the denial, gather additional evidence, and, if necessary, pursue the case in court for a fair resolution in Santa Fe. We are ready to take on your case and fight for the compensation you deserve.

The Legal Team at Berenson & Associates, PC Can Help

Whether you suffered injuries from a government vehicle accident or harm on public property, Berenson & Associates, PC, provides attentive legal guidance from start to finish. Each case is approached with the aim of achieving justice and fair compensation, empowering individuals to take action against wrongful government actions or negligence.

If you believe you have grounds for a claim under the New Mexico Tort Claims Act, contact us today to schedule a consultation, and let’s discuss how we can support you through this process.