New Mexico Tort Claims Notice Requirement is Simply a Trap for Those Injured by Government

The New Mexico Tort Claims Act is unfair on many levels for those harmed by state, county or local governmental entities. The Tort Claims Notice requirement is the most unfair. It serves no purpose other than deny those injured by government any possibility of fair compensation for their injuries.

The Tort Claims Notice deadline is only 90 days for personal injury and 6 months for wrongful death claims. There is absolutely no good reason for the requirement. There is no such requirement for claims against any other entities or parties. The Tort Claims Notice requirement is simply a trap for the unwary denying them justice.

Indeed, this is exactly what it does on fairly routine basis. Other than personal injury attorneys, most people do not know and have reason to know of the short deadline. Neither do they typically know of the shorter 2 year as opposed to the customary 3 year statute of limitations. These deadlines ensnare those injured by the government all the time. Missing these deadlines bars the claims completely with very rare exceptions.

It is very important to determine if a government entity is responsible for your injuries. There may be cases where multiple government entities share responsibility. They must all receive timely notice of claims. This must be done right way because of the short deadlines.

The Albuquerque attorneys at Collins & Collins, P.C. can help. We can be reached at (505) 242-5958.

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