Q: I need help filing a State Tort Claims Act
orking at the New Mexico State Veterans Home in Truth or Consequences and was attacked by a resident. I suffered a concussion and later found out I have psuedo seizures with PTSD. The incident occurred on August 23, 2018. I live in Meridian, MS and a attorney here has advised me to get an attorney in New Mexico and file a State Tort Claims Act. If you can help I will much appreciate it. I have been trying to get help since this happened and nobody wants to do anything
A:
I’m terribly sorry to hear of your injury.
If you are interested in suing under the NM Tort Claims Act, you need to “get moving” on this claim immediately. Unfortunately, the mandatory time period within which you must file a claim may have already passed; under N.M.S.A. 41-4-16 you usually have to file a claim providing notice to the State of New Mexico within 90 days of the occurrence. However, there are a few notable exceptions to this rule so it is STILL worth investigating your case and you should reach out to an attorney ASAP.
If you haven’t already found an attorney, please feel free to contact me. Take care and good luck with your case and health issues.
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