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A lawsuit is a formal case that has been filed in the appropriate court of law, while a tort claim is usually an informal notice of claim that may trigger an informal resolution without the cost of litigation.
Any person who enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, is guilty of a misdemeanor, and he shall be liable to the owner, lessee or person in lawful ...
The New Mexico tort claim statute of limitations is 2 years. However, the notice provision specifies that every person claiming damages from the state or any local body under the Tort Claims Act must present the claim within 90 days after an occurrence. If this deadline is not met, then the claim is forever barred.
Making a Claim Under the FTCA. Individuals who are injured or whose property is damaged by the wrongful or negligent act of a federal employee acting in the scope of his or her official duties may file a claim with the government for reimbursement for that injury or damage.
A tort claim is a claim for damages. This is the monetary award (compensation) that will indemnify you for the harm that the accident has caused. Tort claims are a preferred option in the aftermath of an accident because you can claim and receive damages that compensate the real loss you have suffered.
In New Mexico, you have 3 years to file a personal injury claim and 4 years to file a property damage claim. The clock on these time limits starts from the time you sustained your injury or when a reasonable person would have discovered the injury or property damage.
The New Mexico Tort Claims Act is codified at New Mexico Statutes section 41-4. The Act states that, generally speaking, both government entities and government employees "are granted immunity from liability for any tort." (Note: "Tort" is just another word for "personal injury".)
Section 30-15-1 - Criminal damage to property. Criminal damage to property consists of intentionally damaging any real or personal property of another without the consent of the owner of the property.