A trial lawyer for serious cases in New Mexico
Lanzetta Law PC keeps an office in Santa Fe and represents clients throughout New Mexico in catastrophic injury, product liability, wrongful death, transportation and government cases. Tobin Lanzetta is admitted in New Mexico and California. He brings to New Mexico cases the same approach as in Los Angeles: a small number of serious matters, each prepared for trial by him personally.
Why a California trial lawyer in New Mexico
Serious-injury cases in New Mexico often involve a defendant based somewhere else: a vehicle or equipment manufacturer, a national trucking company, a railroad. Those defendants are represented by national defense firms, and the case is won or lost on the same expert work and discovery as anywhere. Tobin has tried and resolved cases against those defendants for two decades. For New Mexico lawyers, he is available as co-counsel or trial counsel.
New Mexico law, briefly
New Mexico law differs from California's in ways that matter to these cases.
Deadlines. Most personal-injury claims must be filed within three years (NMSA 1978, § 37-1-8). A wrongful death action must be filed within three years of the date of death (§ 41-2-2).
Claims against the government. Under the New Mexico Tort Claims Act, written notice of a claim against the State or a local public body generally must be given within 90 days of the incident, or within six months of a death (§ 41-4-16), and suit must be filed within two years (§ 41-4-15). The Act waives immunity only for specified categories, such as the operation of motor vehicles, the maintenance of buildings, parks and streets, and the conduct of law enforcement officers.
Fault. New Mexico applies pure comparative fault, and in most cases each defendant is liable only for its own percentage of fault rather than for the whole judgment. Who is named, and how fault is allocated, therefore matters more than in many states.
Damages. New Mexico does not cap compensatory damages in ordinary injury cases, though the Tort Claims Act caps recovery against public entities.
These are general statements, not advice about any particular case. Deadlines can be shorter in specific situations; please call early.
Santa Fe office
3005 S. St. Francis Dr., Ste 1-D105, Santa Fe, NM 87505 · (505) 461-0770 · info@lanzetta.law
Consultations are free and confidential. We represent New Mexico clients on a contingency fee: no attorney's fee unless we recover for you. If there is no recovery, you owe us nothing for the costs we advance; a court may in some cases award costs to the opposing side.