Collisions are stressful, but those involving government vehicles in the Santa Fe area present unique procedural hurdles. Suing a governmental entity – be it the city, county, or state – isn’t the same as pursuing a claim against a private citizen. Understanding these specific processes and potential limitations is crucial if you’ve been involved in such an incident. Seeking guidance from experienced automobile injury lawyers familiar with these complexities is highly recommended.

The Doctrine Of Sovereign Immunity

One of the primary differences in claims against government entities is the concept of sovereign immunity. Historically, governments were protected from lawsuits. While this immunity has been waived to varying degrees, it continues to influence how claims against governmental bodies are processed. In New Mexico, the New Mexico Tort Claims Act (NMTCA) outlines the specific circumstances under which the state and its political subdivisions can be sued for negligence.

This act creates exceptions to sovereign immunity, allowing lawsuits in certain situations, such as those involving the operation of motor vehicles. However, it also imposes specific procedural requirements and limitations on the types and amounts of damages that can be recovered. Understanding these provisions is the first step in navigating a claim against a government entity.

Strict Notice Requirements And Timelines

A critical aspect of suing a government entity in New Mexico is adhering to strict notice requirements and timelines. Unlike claims against private individuals, where the statute of limitations might be longer, the NMTCA mandates a particular timeframe for providing written notice of your claim. Failing to provide this notice within the prescribed period can result in the absolute bar of your claim, regardless of the severity of your injuries or the fault of the government employee.

Currently, the NMTCA requires that written notice of a claim against a governmental entity be provided within ninety (90) days of the incident. This notice must contain specific information, including the date, time, place, and circumstances of the accident, the identity of the government employee involved (if known), and a general description of your injuries and damages. Missing this deadline is a common pitfall for those unfamiliar with these specific rules.

Identifying The Correct Governmental Entity

Another crucial step is correctly identifying the specific governmental entity responsible for the vehicle and the employee involved in the accident. Was it a City of Santa Fe vehicle, a Santa Fe County vehicle, or a vehicle belonging to a state agency? Misidentifying the responsible entity can lead to significant delays and potential dismissal of your claim. Often, the vehicle markings can provide an initial clue, but further investigation may be necessary.

Your automobile injury lawyers can assist in correctly identifying the correct governmental entity to ensure your notice of claim is directed to the appropriate party. This may involve researching vehicle ownership records and the driver’s employment status.

Potential Limitations On Damages

Even if liability is established in a claim against a governmental entity under the NMTCA, there are limitations on the amount of damages that can be recovered. These statutory caps on damages apply to various categories, including medical expenses, lost earnings, and pain and suffering. The specific damage caps can change, so it’s essential to have current legal advice regarding the applicable limitations at the time of your claim.

Understanding these potential limitations from the outset is crucial for managing expectations and making informed decisions about pursuing your claim. Your attorney can advise you on the possible range of recoverable damages based on the specifics of your case and the current provisions of the NMTCA.

The Claims Process And Potential For Settlement

Once the proper notice of claim has been filed with the correct governmental entity within the 90-day timeframe, the government will typically conduct its investigation into the incident. This may involve reviewing police reports, interviewing witnesses, and gathering other relevant information. The government entity may then either deny the claim or offer a settlement.

Negotiating with a governmental entity can differ from dealing with a private insurance company. Specific procedures and approvals may be required for settlements. Your attorney can represent your interests during these negotiations and advise you on the fairness of any settlement offers. If a fair settlement cannot be reached, litigation may be necessary.

Filing A Lawsuit Under The Tort Claims Act

If settlement negotiations are unsuccessful, you may need to file a lawsuit against the governmental entity. This lawsuit must also be filed within a specific timeframe, which is generally two years from the date of the incident, but it’s critical to adhere to the much shorter 90-day notice requirement first. The lawsuit will proceed through the court system, and you will need to prove negligence on the part of the government employee that caused the accident and your resulting damages.

Conclusion 

Litigating against a governmental entity can involve unique procedural rules and potential defenses not typically encountered in lawsuits against private individuals. Having experienced automobile injury lawyers who understand the intricacies of the NMTCA is essential for navigating this complex legal landscape and advocating effectively for your rights. Their expertise can significantly increase your chances of a successful outcome.

Veeramachineni Lalitha

I am Finance Content Writer. I write Personal Finance, banking, investment, and insurance related content for top clients including Kotak Mahindra Bank, Edelweiss, ICICI BANK and IDFC FIRST Bank. My experience details : Linkedin