How to Sue the Government for an Injury
How Our Personal Injury Attorney Can Help
In Albuquerque, New Mexico, encountering situations where you may need to pursue legal action against the Government for an Injury can be daunting. However, knowing the steps to take and understanding your rights is crucial in navigating this complex process.
How to Sue the Government for an Injury
Understanding Your Rights in New Mexico
Sovereign Immunity in New Mexico
Like many states, New Mexico follows the Legal Doctrine of Sovereign Immunity, which limits the circumstances under which the government can be sued. Under this doctrine, the government is immune from lawsuits unless it consents to be sued. However, New Mexico has waived sovereign immunity in certain situations through the New Mexico Tort Claims Act (NMTCA).
Exceptions to Governmental Immunity in New Mexico
In New Mexico, Governmental immunity serves as a shield, protecting government entities from most Lawsuits. However, there are specific exceptions outlined under the Tort Claims Act that allow individuals to hold government entities accountable for Injuries resulting from Negligence. Let’s delve into these exceptions in detail:
Motor Vehicle Accidents
Governmental immunity is waived in cases where individuals are injured in Motor Vehicle Accidents involving government-owned Vehicles or vehicles operated by government employees while on duty. This exception recognizes that government entities should be held liable for the negligent actions of their employees when operating vehicles in the course of their official duties. Whether it’s a collision with a city-owned bus or an accident involving a municipal employee’s work vehicle, victims have the right to seek Compensation for their injuries.
Premises Liability
Governmental entities, like any property owners, have a duty to maintain their premises in a safe condition for visitors. When a government-owned property poses hazards or dangerous conditions that result in injuries to individuals, governmental immunity may be waived. Common examples include Slip and Fall accidents on poorly maintained sidewalks, injuries due to defective playground equipment in public parks, or Accidents caused by inadequate lighting in government buildings. In such cases, victims have the right to pursue compensation for their injuries and losses.
Medical Malpractice
While governmental immunity typically shields public Hospitals and Clinics from liability, there are exceptions when it comes to Medical Malpractice. If a patient suffers harm due to the negligent actions of healthcare professionals employed by government-run facilities, such as doctors, nurses, or medical staff, governmental immunity may be waived. This exception recognizes that individuals deserve recourse when they are harmed by Medical Negligence, regardless of whether the healthcare provider is employed by a government entity. Victims of medical malpractice at government hospitals or clinics have the right to seek compensation for their Injuries, Medical expenses, and other damages.
Steps to Take When Suing the Government for an Injury
Seek Medical Attention: Your health and well-being should be your top priority. Seek medical attention for your injuries as soon as possible, even if they seem minor at first. Documenting your injuries and receiving proper treatment will not only aid in your recovery but also serve as crucial evidence in your case.
Gather Evidence: Collect any evidence related to your injury, including photographs of the accident scene, medical records, police reports (if applicable), and witness statements. The more evidence you have to support your claim, the stronger your case will be.
Consult with an Experienced Attorney: Suing the government for an injury can be complex, requiring knowledge of specific laws and procedures. Consult with an experienced Personal Injury Attorney who has a proven track record of success in handling cases against governmental entities. At Raymon Law Group, we offer free consultations to discuss your case and provide personalized legal advice.
File a Notice of Claim: Before filing a lawsuit against the government, you must file a Notice of Claim with the appropriate government entity within the statutorily prescribed time frame. This notice informs the government of your intent to sue and allows them an opportunity to investigate the claim before litigation ensues.
Litigation Process: If your claim is denied or not resolved through settlement negotiations, your attorney will file a lawsuit on your behalf. The litigation process may involve pre-trial motions, discovery, and possibly a trial before a judge or jury. Throughout this process, your attorney will advocate for your rights and work tirelessly to secure the compensation you deserve.
Why Choose Raymon Law Group?
At Raymon Law Group, we understand the challenges individuals face when pursuing claims against governmental entities. Our team of dedicated legal professionals has the knowledge, experience, and resources to effectively navigate the complexities of these cases and pursue maximum compensation for our clients. Led by Attorney Eric Raymon, our firm is committed to providing compassionate guidance and aggressive representation every step of the way.
Contact Raymon Law Group
If you or a loved one has been injured due to government negligence in Albuquerque, NM, don’t wait to seek legal help. Contact Raymon Law Group at (505) 390-1040 to schedule a Free Consultation with a skilled Personal Injury Attorney. We’ll review your case, explain your rights, and help you pursue the justice and compensation you deserve.
Frequently Asked Questions (FAQs)
What is governmental immunity, and how does it affect my ability to sue the government for an injury in New Mexico?
Governmental immunity is a legal doctrine that protects government entities from most lawsuits. However, there are exceptions under the Tort Claims Act that allow individuals to pursue claims against the government for injuries resulting from negligence.
How do I know if I have a valid claim against the government for an injury?
Determining the validity of your claim requires an assessment of the circumstances surrounding your injury. Consulting with an experienced personal injury attorney can help you understand your rights and whether you have grounds to pursue legal action against the government.
What types of injuries are covered under exceptions to governmental immunity in New Mexico?
Exceptions to governmental immunity cover a range of injuries, including those resulting from motor vehicle accidents involving government-owned vehicles, premises liability accidents on government property, and medical malpractice at government-run healthcare facilities.
What is the deadline for filing a Notice of Claim against the government in New Mexico?
In New Mexico, individuals must file a Notice of Claim with the appropriate government entity within a specified time frame, typically within 90 days of the date of the injury. Failing to adhere to this deadline may result in forfeiture of your right to pursue legal action.
What happens if my Notice of Claim is denied by the government entity?
If your Notice of Claim is denied or not resolved through settlement negotiations, you have the option to file a lawsuit against the government. An experienced attorney can guide you through the litigation process and advocate for your rights in court.
How long does it take to resolve a lawsuit against the government for an injury in New Mexico?
The timeline for resolving a lawsuit against the government can vary depending on the complexity of the case, the willingness of the parties to negotiate a settlement, and other factors. Your attorney can provide insight into the anticipated duration of your case based on its unique circumstances.
What types of compensation can I seek in a lawsuit against the government for an injury?
Victims of government negligence may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from their injuries. An attorney can help you assess the full extent of your damages and pursue maximum compensation on your behalf.
Can I sue individual government employees for negligence in New Mexico?
While government employees are generally immune from personal liability for actions taken within the scope of their employment, exceptions may apply in cases of gross negligence or intentional misconduct. Consulting with an attorney can help you understand your options for holding individual employees accountable for their actions.
Is there a cap on the amount of compensation I can receive in a lawsuit against the government in New Mexico?
New Mexico law imposes caps on the amount of compensation that can be awarded in lawsuits against government entities, with limits varying depending on the type of damages sought. An attorney can provide guidance on the applicable caps and how they may impact your case.
Why should I choose Raymon Law Group to represent me in a lawsuit against the government?
Raymon Law Group specializes in representing individuals who have been injured due to governmental negligence in Albuquerque, NM. Led by attorney Eric Raymon, our firm has a proven track record of success in handling complex personal injury cases and advocating for the rights of our clients. Contact us today for a free consultation to discuss your case and learn how we can help you pursue justice and compensation.
Arrested?
We never Stop Fighting for Our Clients.
Looking for Personal Injury Attorney New Mexico? Contact New Mexico Trial Attorney
We are Successful for you
