A recent Clovis, New Mexico car accident, in addition to being a tragic story, highlights New Mexico government liability law, specifically, New Mexico’s Tort Claims Notice requirements.
The fatal New Mexico accident occurred when a Clovis police officer ran a stop sign near Grand and Sycamore and struck another vehicle. The driver of the other vehicle was taken to University of New Mexico hospital and is listed in critical condition. Sadly the passenger died as a result of the injuries.
Under New Mexico law, each accident victim is entitled to pursue an Albuquerque wrongful death claim. However, under the letter of the law, there is immediate action taken. Depending on the severity of her injuries, the accident survivor may have only three or six months to place the government on notice that there may be a potential claim. With respect to the deceased accident victim, her family and loved ones may only have six months.
These limits arise from the New Mexico Tort Claims Act that requires near immediate notice to the correct branches of the government. Although some New Mexico wrongful death lawyers have been successful in challenging these requirements, there nonetheless remains various legal requirement that must be followed while New Mexico accident victims must also cope with their injuries.