Legal Question in Personal Injury in New Mexico

Is there a form to file a State Tort Claim in New Mexico. The attorney who has our paperwork is no longer working at the same office and now avoiding our phone calls. The claim is actually against APD and we are quickly running out of the 90 days we have to file.


Asked on 1/17/11, 5:35 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

No. A certified letter which complies with the statute is sufficient, in your case to the Mayor of Albuquerque. � 41-4-16. Notice of claims:

A. Every person who claims damages from the state or any local public body under the Tort Claims Act [ 41-4-1 NMSA 1978] shall cause to be presented to the risk management division for claims against the state, the mayor of the municipality for claims against the municipality, the superintendent of the school district for claims against the school district, the county clerk of a county for claims against the county, or to the administrative head of any other local public body for claims against such local public body, within ninety days after an occurrence giving rise to a claim for which immunity has been waived under the Tort Claims Act, a written notice stating the time, place and circumstances of the loss or injury.

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Answered on 1/23/11, 3:24 pm


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