Tort Claims

In New Mexico, legal actions against government entities—such as the state, counties, cities, or public employees—are governed by the New Mexico Tort Claims Act (NMTCA). At Korte Law Firm, we have the specialized knowledge required to navigate the strict procedural hurdles and shortened deadlines necessary to hold government bodies accountable for negligence.

Understanding the New Mexico Tort Claims Act

Suing a government entity is significantly different from suing a private citizen. The NMTCA waives “sovereign immunity” only in specific circumstances, including:

• Operation of Motor Vehicles: Accidents involving police cars, city buses, or other government-owned vehicles.

• Premises Liability: Injuries occurring in public buildings (e.g., slip and falls in a post office or courthouse).

• Law Enforcement Misconduct: Civil rights violations, excessive force, or false imprisonment by police officers.

• Public Infrastructure Negligence: Injuries caused by poorly maintained roads, bridges, or streetlights.

• Medical Malpractice: Negligence occurring at state-run hospitals or by public healthcare employees.

Critical Deadlines: The 90-Day Notice

One of the most important aspects of a Tort Claim is the timeline. Failing to act quickly can result in losing your right to sue forever:

• Notice of Claim: You must generally provide formal written notice to the appropriate government entity within 90 days of the incident.

• Statute of Limitations: Most lawsuits against the government in New Mexico must be filed within two years of the date of the occurrence.

Service Locations

We represent clients in Tort Claims across the state of New Mexico, including:

• Santa Fe, Albuquerque, and Rio Rancho.

• Española, Taos, and Las Vegas.

• Los Alamos, Chimayó, and all surrounding public jurisdictions.

Why Choose Korte Law Firm?

• Procedural Precision: We ensure all formal notices are drafted and served correctly to meet the state’s strict legal requirements.

• Dedicated Advocacy: As noted by our clients, we provide “professional guidance and attention to detail,” which is vital when facing the vast resources of a government legal team.

• Transparent Support: We explain the complexities of the NMTCA in plain English, ensuring you understand your rights and the potential caps on damages.

• Free Consultation: We offer a no-cost evaluation to determine if the government’s immunity has been waived for your specific injury.