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State Court Dismisses Plaintiff’s Negligence Claim against City Due to Filing Deadline

Posted in Firm News

The Maine Supreme Judicial Court recently released its opinion in a case involving a personal injury lawsuit against a city. According to the facts outlined in the court’s opinion, the plaintiff was visiting the city hall when he tripped and fell down several steps. He ended up slamming into the concrete floor and then proceeded to crash into glass doors. City employees contacted emergency personnel, while other employees performed rudimentary first aid. The plaintiff alleged that one of the employees at the Clerk’s office asked him to sign some insurance paperwork in order to be transported to the hospital, but the city disputed this fact.

A few months after the fall, the plaintiff spoke with someone at City Hall and told them he had the intention to file a claim against the city. Approximately 197 days following the fall, the plaintiff’s attorney sent a letter of a claim against the city, and the plaintiff then went on to file the complaint with the superior court. The city moved for summary judgment and claimed that the plaintiff did not comply with the state’s Tort Claims Act because he did not submit a written notice within the 180-day timeline. The plaintiff argued that he substantially complied because the City knew he was injured on their property, and he verbally told them he would bring suit. Ultimately, the Supreme Court of Maine found that the plaintiff did not comply with the statute by providing verbal notice. Written notice was required.

The Importance of Complying with Negligence Statutes of Limitations in New Mexico

As the above case illuminates, it is extremely important that individuals comply with the various statutes of limitations that apply in New Mexico personal injury cases. No matter how strong a plaintiff’s case is, if those procedural requirements are not met, it is likely that the case will be dismissed.

In New Mexico, there are various statutes of limitations that determine if a personal injury claim is viable or if it is barred. New Mexico law requires that potential plaintiffs file a personal injury lawsuit within three years from the exact date that the accident or injury occurred. Generally, the only time the statute of limitations will be extended is if the injured party was legally unable to bring a suit. For example, the statute of limitations may be tolled if the party was a minor when the accident occurred, or if the injury could not have reasonably been discovered until after the injury. However, it is important to note the age exception will only give the individual one additional year to bring suit after they turn 18.

Have You Been Injured Due to the Negligence of Another Party in New Mexico?

If you or a loved one has suffered an injury due to the negligence of another party in New Mexico, it is very important that you contact a dedicated and experienced attorney at the Fine Law Firm. As you can see, the success of these cases often hinges on time limits and compliance with procedural and evidentiary requirements. An attorney at the Fine Law Firm can ensure that these factors are considered. If you are successful, you may be entitled to monetary compensation for the injuries that you suffered. Contact an attorney at the Fine Law Firm today at 800-640-6590 to schedule your free initial consultation.

More Blog Posts:

Court Holds City Employee Not Entitled to Immunity in Premises Liability Case, New Mexico Personal Injury Lawyer Blog, April 7, 2016.

FDA Issues a “Black Box” Warning for Birth-Control Device Essure, New Mexico Personal Injury Lawyer Blog, March 17, 2016.