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New Mexico Tort Claims Act – Personal Injury Claim Deadlines

Under the New Mexico Tort Claims Act, the deadlines for personal injury claims are substantially shortened. 

The first critical deadline in a personal injury claim against a New Mexico state, county or local governmental entity is the 90 day Tort Claims Notice requirement.  Under Tort Claims Notice requirement, a notice of claim must be sent to the appropriate governmental authority within 90 days of the accident. 

There are several challenges here.  First, it is not always apparent to the casual observer that a governmental entity is involved.  Second, the notice must be sent to the appropriate governmental representative.  Finally, the Tort Claims Act requires certain information to be provided in the Notice. 

There is the possibility of a mistake on each of these requirements.  Failure to deliver the notice within the 90 days  or defective delivery of the Notice will bar the claim.

Once past the Tort Claims Notice deadline, the statute of limitations on personal injury actions against New Mexico governmental entities is shortened from the standard 3 years to only 2 years.  Again, missing this deadline will bar the claims completely.

Due to the shortened deadlines and the severity of consequences for missing the deadlines, it is advisable to seek the attention of a personal injury attorney as quickly as possible.  Many attorneys, including Collins & Collins, P.C. will not take a case except on very rare occasions when these deadlines are close to running.  Delay in addressing your claims or the claims of a loved one may make getting legal assistance very difficult due.  And missing these deadlines will bar the claims completely. 

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