Q: Do I need an attorney to file a notice of claim against the city?
A city employee totaled my car, and my daughter, who was driving, was injured and is receiving medical care. I was told that I have 90 days in which to file a notice of claim under NM statute 41-4-16 if I believe that the medical expenses will exceed the allowed coverage under my auto insurance policy. If I end up paying medical expenses out of pocket, and I want to get reimbursed, I need to file this notice, and I found out yesterday. I only have 11 days left. Is this something I can do myself, or does it have to go through an attorney's office to hold up in court, if it comes to that?
A: you should obtain a lawyer in NM to do the case. idk NM law but can assure you that indiana has a similar statute and it is filled with problems for the unwary. if the notice doesn't comply with your statute it may be invalid and then your case will be barred. lawyers typically give free consultations and work on injury cases on a contingent percentage. if you try to do this yourself you are being penny wise and dollar foolish. get a lawyer very quickly. word of mouth is best or perhaps the county bar assoc or the nm trial lawyers assoc to find one. billboards and telephone book ads should be your last choice. good luck!!
A: You do not need an attorney. However, it is advisable to have an attorney. There are specific notice requirements under the Tort Claims Act. It is important to meet the notice requirements. This must be done within 90 days of the accident or 6 months in case of wrongful death. The requirement is quite rigid and missing the deadline will bar your claim. Finally, you contact an attorney immediately. Few attorneys will take a case or even discuss it on the eve of or anywhere close to such a deadline in the absence of significant extenuating circumstances.
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