What is a Tort Case, and What does it Involve in New Mexico?
A tort case in New Mexico is a non-criminal lawsuit where an individual may claim compensation for a personal injury suffered by reason of the actions or inactions of another party. The injuring party may be a person or a corporation. District Courts in New Mexico have original jurisdiction of tort cases (injury and property) in New Mexico. Metropolitan Courts handle small claims. The Courts are the last resort to the resolution of large value claims of tort cases in the state.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What is New Mexico Tort Law?
New Mexico Tort law is a legal assembly of instructions that form the framework of adjudicating cases of personal or property injury in the state. The New Mexico Statutes section 41–4 governs the interpretation and legal proceedings of tort in the state. Also called the New Mexico Tort Claims Act, it defines a tort case as being valid only if the injured party can show that the actions or inaction of another party is the cause of the loss or damage. New Mexico is one of the states that uphold the sovereignty status of the state. This is to say that the state or its representative (employee or delegate) is not liable for harm caused in the course of duty, unless in certain exemptions. The law also imposes a limit of $750,000 for damages payable to an injured entity.
What Kinds of Cases are Covered by Tort Law in New Mexico?
Many of the tort cases in New Mexico include:
- Auto negligence
- Medical Malpractice
- Pharmaceutical Product Liability
- Employer liability
- Auto insurance claims
What are the Differences Between Criminal Law and Tort Law in New Mexico?
Some key differences between Tort law and Criminal law in New Mexico are:
- Tort law targets compensation of the injured party as the main feature of the suit, while the punishment of the offender is the central issue in crime cases
- Tort law is civil in orientation; criminal law is not. Rather, criminal law deals with wrongdoings that are dangerous to the sustenance of safety of the society.
- The standard of proof in torts, as is with civil cases is the preponderance of evidence. It is higher in criminal cases; there must be absolute proof that the defendant is the wrongdoer.
- Cases under tort usually begin with an offended party; the state initiates a criminal case against an individual
- The rules of procedure are milder in tort case proceedings than in criminal cases. To put it differently, a defendant in a tort case gets notified by a service of papers; a criminal case usually involves an initial arrest of the suspect, custody and maybe, bail.
- The legal process of torts is less engaging than a criminal justice process.
What is the Purpose of Tort Law in New Mexico?
Tort Law in New Mexico gives injured persons the opportunity to claim compensations for damages incurred by the civil wrong of the other party. It ensures that the rights of the citizens are sustained in fairness and equity. A collateral effect of tort law is the continued contentment of the citizens of the state.
What is a Tort Claim in New Mexico?
A tort claim in New Mexico applies only to situations where the injuring party is a government owned entity. According to the Tort Claims Act, the Risk Management Division of the state must receive all notifications of injury and compensatory demand from injured parties. No party can file a personal injury lawsuit against the government without this step. Therefore, it is important to determine that the government is the liable entity in the case. There is a list of restrictions as to what the state can be liable for. For such liabilities, the injured party must meet these requirements:
The statute of limitations is two years from the incident, but the responsible state agency must receive the notice of claims within 90 days from the event. Representatives of cases of wrongful deaths may do so within 6 months of decease.
How Do You File a Tort Claim in New Mexico?
- Determine the agency that is liable for the injury caused.
- Identify the receiving agency of the claim. Claims at the state level are received by the Risk Management Division. Other agencies usually have a representative that acts on their behalf. For example, the mayor receives claims for the municipality; the superintendent on behalf of a school; the county clerk for the county, etc. By rule of thumb, the administrative head of an agency should be the first point of call for claim matters. Be sure to contact a lawyer for guidance
- Decide how much claims to make for the case at hand. The laws of the state restrict certain compensations to a maximum value. Work with a lawyer to get the best out of the estimation.
- Download and Complete the form.
- Send a copy to the liable agency, and a copy to:
Risk Management DivisionP. O. Box, 6850Santa Fe, NM 87502
Call 1–827–0442 or facsimile to 1–827–2969
What Does a Tort Claim Contain in New Mexico?
The Details of a tort claim form must include:
- Claimant’s Name and Address
- Name and Address of liable Agency
- Date and time of the incident
- A brief statement of proof of liability
- Type of claim (bodily or property injury)
- Signature of claimant or legal representative
Note that the format required in a tort claims form varies by agency. Study the relevant form for differences.
What Happens after a Tort Claim is Filed in New Mexico?
After filing a tort claim with the liable agency, allow time for a response. The defendant may acknowledge the claim and take responsibility for compensation. If otherwise, proceed to file a suit with the District Court in the county or city where the incident occurred. Ensure that court filings with the court take place within the time permitted by the statute of limitations.
Why Do I Need a Personal Injury Lawyer for a Tort Claim?
A personal injury lawyer can help to interpret the circumstances of the incident in the light of the law and decide whether it is worth it to claim compensation. As the case progresses, a personal injury lawyer provides expert guidance to navigate the complexities of the law as per the case. Ultimately, the personal injury lawyer aims to get compensation for the client.
How Can I Find a Personal Injury Lawyer Near Me?
In New Mexico, personal Injury lawyers are available by online searches for electronic directories and firms with a website. Use the basic keywords ‘Personal Injury Lawyers New Mexico ' as a guide. Otherwise, make use of referrals from persons with previous cases, or