What is the New Mexico Tort Claims Act and How Does it Work?
What is the New Mexico Tort Claims Act and How Does it Work?
Take a look at the New Mexico Tort Claims Act to learn more about what it entails. It is very important in some legal cases.
What Is the New Mexico Tort Claims Act?
The New Mexico Tort Claims Act is a law stating that, in many cases, government entities and employees are exempt from liability for any kind of tort, which refers to a personal injury. If you’ve been through a car accident or have received any kind of injury that you believe a government entity or employee is responsible for, this law could play a role in your case.
How the New Mexico Tort Claims Act Works
In short, this law states that any government entity or employee cannot be held liable in court if they have caused harm to another private person or company while acting within the scope of their employment duties. There are a few exceptions to this rule, however.
The immunity provided under the Act is waived if personal injury, wrongful death, or property damage occurs as the result of a public employee’s negligence while driving a motor vehicle or watercraft, using machinery or other equipment for building or park maintenance, or overseeing airport operations. New Mexico public employees are also exempt from immunity under the Act if they acted negligently and caused personal harm, death, or property damage while operating public utilities, maintaining public roads and other infrastructure, or working at state-employed medical facilities.
How to Find the Right Attorney
If you’re wondering whether to hire a personal injury attorney in Albuquerque or a medical malpractice attorney in New Mexico to help with your case filed under the act, you’ll find that the answer depends on the type of injury or damage that occurred. In most cases, selecting a wrongful death attorney in Albuquerque or a personal injury attorney is the right choice. However, there are instances in which an auto accident lawyer in Albuquerque might be more suited to your case.
Although the NM Tort Claims Act provides immunity in some instances, the law can be complicated. Speaking with a professional attorney at Bowles Law Firm will help you understand how to best proceed with your case.
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