Can I file a catastrophic injury lawsuit if the defendant is a government entity?
In New Mexico, a catastrophic injury lawsuit can be filed against a government entity, including the state government. However, this type of lawsuit is complicated and difficult because of the special rules that apply when filing a lawsuit against a government entity. For example, special notice requirements apply before a lawsuit can be filed. The notice must be provided to the government entity before filing the lawsuit. Generally, the notice must include a description of the particular injury. It must also provide the government entity with an opportunity to investigate and remedy the injury before the lawsuit can be filed. Additionally, special rules apply to the types of damages that can be sought in a catastrophic injury lawsuit against the government. For example, in New Mexico, damages for punitive or exemplary purposes cannot be sought against a government entity. Also, damages for emotional distress are generally not available against government entities. Before filing a catastrophic injury lawsuit against a government entity, it is best to consult with an experienced lawyer knowledgeable about these special rules. An experienced lawyer will be able to help you understand the applicable laws and ensure that your rights are fully protected.
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