Suits Against Governmental Entities: Beware the 90 Day Deadline

Whenever you sue a governmental entity in New Mexico, as in many states, there are notice requirements under the Tort Claims Act.  The Tort Claims Act requires that proper notice be given to the governmental entity against whom a claim is to be made within 90 days of the incident.  Failure to send the notice within the 90 days will bar your suit completely.

Lawsuits Against the City, County or State

The Tort Claims Act applies to suits against all state, county and municipal agencies or other entities.  This would include the county sheriff, the police, state or county hospitals and clinics, city transportation, buses, cleaning crews, highway crews and many other entities performing governmental functions.  The list is long and many suits include a governmental defendant under the Tort Claims Act.

Government Injury Claims and Deadlines

Unfortunately, most people are unaware of the tort claims notice requirements.  Sadly, many attorneys are not as attentive to the deadlines as they should be.  Many claims are barred by missing this deadline.  Missing the deadline even by a day is fatal to your claims.

So what should you do?  First, you should contact an attorney to determine if there are tort claims notice issues related to your claims.  If there are, the attorney will advise you of these.  If the attorney declines to take your case and you cannot find another attorney in a timely manner, you should still send your tort claims notice on your own.  It will protect your claims and it is easy to do.  You simply have to identify the entity or entities to be sued and contact their legal department for the proper address to send the notice.  You should then send your notice by certified mail to insure the entity receives it and more importantly that you can prove that it was sent and received.

How to Notify the City, County or State of Your Injury Claim

The notice itself is pretty straightforward.  You must simply put the entity on notice of the possible claims against them.    To be safe, you should state the date of the incident, the names and the parties responsible for your injuries, their titles or other relationship to the named entity, the location of the incident, a description of the incident and a description of your injuries.

Please take the 90 day deadline seriously.  It is very serious and you cannot be even a day late.  If you have a claim that involves or may involve a governmental entity, you should consult with an attorney as quickly as possible.  90 days goes quickly as will your claim if you delay.

Parrish Collins

Collins & Collins, P.C.

• This article is provided for informational purposes only. If you need help with an Injury Law question, click here to consult with Parrish Collins or a Personal Injury Lawyer in your area.