What is the federal tort claims act?
The Federal Tort Claims Act is an exception to the rule against suing the federal government. It sets requirements needed to pursue a claim for negligence.
Bringing Suit via the Federal Tort Claims Act
Under the law, private citizens have historically been unable to sue the United States in federal court for injuries caused by negligent or wrongful conduct on the part of someone acting on behalf of the federal government. The barring of these types of suits is due to a doctrine referred to as sovereign immunity, which says private persons can only file a legal suit with the government’s permission. The Federal Tort Claims Act (FTCA), however, provides a limited waiver of sovereign immunity and sets out the areas in which private persons can bring a suit against the government.
Highlights of the FTCA
The FTCA limits the permitted legal actions by time, subject matter, and the nature of the injury. Here are some of the highlights of the Act:
- The FTCA establishes a two-year limitation on filing, but the timeframe may be shortened based on certain factors.
- The FTCA bars recovery of punitive damages.
- The law does not allow recovery for intentional misconduct.
- The cause of injury must be by persons acting within the scope of their employment.
- The offending acts must have been actionable under the law of the state in which the injury occurred.
- The plaintiff must first exhaust administrative remedies by filing a claim with the federal agency that employed the person that caused the injury or loss.
Filing the Federal Lawsuit
The law requires a plaintiff to first file a claim with the local federal agency that employed the offending party. The agency then has a period of 180 days to make a decision. If the agency decides against the claim or fails to issue a decision, the plaintiff can file a federal suit.
The plaintiff must file suit in the federal district court presiding over the area in which the injury occurred. The suit cannot seek more damages than the original claim unless the additional damages are supported by new evidence.
Whether you need an auto accident lawyer in Albuquerque or a wrongful death attorney in Albuquerque, Bowles Law Firm offers experienced personal injury attorneys for Albuquerque residents. We can even provide you with an expert medical malpractice attorney in New Mexico if you need to pursue federal negligence claims. Turn to us to find more information on the FTCA and learn how experienced criminal defense attorneys in Albuquerque can help with your claim.Read More
Gun Ownership Medical Card New Mexico
New Mexico has specific policies on gun ownership and recreational usage of marijuana. Guns have few controls, and marijuana is restricted to medical use.
Update on New Mexico Gun Ownership and Marijuana Laws
Gun ownership in New Mexico
New Mexico permits gun ownership at will and does not restrict the purchase of weapons, including assault weapons. The law permits open carry of long guns and handguns, both loaded and unloaded. Cities and localities may not issue laws restricting the ownership or use of handguns except to restrict the discharge of weapons within their boundaries.
The Concealed Handgun License
New Mexico has few restrictions on gun ownership and requires a license only for concealed handguns. To receive the state’s concealed handgun license (CHL), one must submit to a background check for mental illness and past criminal record. The CHL also requires gun safety training for those without prior military or police service.
Marijuana is an illegal drug or controlled substance in New Mexico. It is also a controlled substance under federal law. The state considered but has not fully authorized the recreational use of marijuana or regulated sale to the public. New Mexico authorized the use of marijuana for medical treatment in 2016. Lawful use of medical marijuana requires a medical marijuana card.
Medical Marijuana Cards
Those who have a medical marijuana card in New Mexico must qualify medically and comply with rules concerning use and distribution. Medical marijuana is lawful for those diagnosed with one of 15 medical conditions. These include cancer, HIV, epilepsy, and chronic arthritis. People in hospice care also qualify for a medical marijuana card. A licensed physician must make the diagnosis and issue the medical marijuana prescription.
Medical marijuana cards authorize the holder to purchase and possess up to 6 ounces of medical marijuana or grow up to 16 marijuana plants. The card authorizes personal use only and does not entitle the holder to sell or otherwise distribute marijuana.
New Mexico makes the medical use of cannabis LEGAL, as you know, with a medical cannabis card, which you may have. However, marijuana usage is still ILLEGAL under federal law, and marijuana is still classified as ILLEGAL under federal law. Along with that, the federal gun statutes, specifically 18 U.S.C. 922, makes it unlawful for any “user of illegal drugs…” to possess a firearm. So the reality is, that if you USE marijuana with your medical card, and you have a firearm, you are violating federal law. You are not violating NM state law, but you would be in violation of the federal statute. Now, the ATF has not extensively pursued cases against persons who possess a medical card and have firearms but there have been occasional federal criminal prosecutions for violations of this statute.
Providing Knowledgeable Legal Assistance
In conclusion, it is important to understand the laws for Gun Ownership Medical Card New Mexico. Those who have had issues with gun ownership or marijuana laws in New Mexico can contact Bowles Law Firm for legal assistance from a criminal defense attorney in Albuquerque. We are also the medical malpractice attorney New Mexico negligence victims rely on and the wrongful death attorney for Albuquerque surviving families. Moreover, if you need an auto accident lawyer in Albuquerque or an experienced personal injury attorney for Albuquerque cases, call us to get the assistance you deserve.Read More
What should you do if you are stopped for suspicion of DWI?
Have you been stopped for DWI? A DWI is a serious charge that can have a huge impact on your life. If you’re ever stopped on suspicion of DWI, it’s important to know how to handle it. Learn more from DUI Attorney Albuquerque Bowles Law Firm.
What to Do When Stopped for Suspicion of DWI
When a police officer stops you under the suspicion that you’ve been driving while intoxicated (DWI), what you do during the stop could affect whether you find yourself in need of a criminal defense attorney in Albuquerque. This is what you should do to give yourself the best chance of avoiding any legal troubles.
Keep Your Answers Concise
One of the reasons that an officer questions you is to evaluate your condition. They’ll look for indicators of intoxication, such as slurring your words. These indicators can give them the probable cause they need to check your blood alcohol content (BAC).
It’s best to use short, to-the-point answers. Limit the interaction between you and the officer while remaining polite and cooperative. Keep in mind that it is within your rights to decline to answer any questions you are asked.
Don’t Mention Any Drinking
This may seem like a no-brainer, but many an auto accident lawyer in Albuquerque has seen a client who admitted to having “a couple of drinks” to a police officer. Even if you just had a single drink, don’t say that. You won’t get any points for being honest. The officer can just use that as part of their probable cause for testing your BAC.
Decline Field Sobriety Tests
Here’s something many people don’t realize and the police would rather you didn’t know: Field sobriety tests are completely voluntary, and you should never take them. If an officer asks you to take one, they already suspect you drove drunk and are just looking to build more evidence for their case.
Get Legal Help if You’re Arrested – DUI Attorney Albuquerque
When you’re arrested for DWI, it’s important to get in touch with a skilled lawyer. This is true even if you’re later released, as the police may have done something illegal or improper. If they treated you poorly physically, a personal injury attorney in Albuquerque could help. If a nurse took your blood against your will to get your BAC, you could talk to a medical malpractice attorney in New Mexico about any possible legal recourse you may have.
If your BAC was over the legal limit, then you may need a DUI Attorney Albuquerque to defend you. Moreover, if you were charged with a DWI and involved in an accident, you may need the help of a personal injury or a wrongful death attorney in Albuquerque.
A DWI stop can be nerve-wracking, but with a little knowledge, you may be less likely to get arrested.Read More