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The 4 elements to every successful tort case are: duty, breach of duty, causation and injury. For a tort claim to be well-founded, there must have been a breach of duty made by the defendant against the plaintiff, which resulted in an injury.
$200,000 for property damage. $300,000 for past and future medical bills, and. $400,000 total to any one person for damages other than property damage and medical bills.
In-person at an Income Support Division office (for help finding an office, go to .hsd.state.nm.us/isd or call 1-800-283-4465). By Mail by requesting a paper application from .yes.state.nm.us or calling 1-855-637-6574.
It is necessary to prove a tort to hold a person or company legally responsible for the harm you suffered. This must be proved in court for four things: duty, breach, causation, and damages/harm. Damages ? The defendant's actions lead to injury or harm to the plaintiff.
Where to File Your Tort Claim Notice ? With whom you file your tort claim depends on the entity involved. When injured by a state worker, you'll need to file with the risk management division of the State of New Mexico. If the issue involves a county worker, the claim would be filed with the appropriate county clerk.
The Four Elements of a Tort The accused had a duty, in most personal injury cases, to act in a way that did not cause you to become injured. The accused committed a breach of that duty. An injury occurred to you. The breach of duty was the proximate cause of your injury.