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How do i file a tort claim and a 1983 civil rights lawsuit

Albuquerque, NM |
Attorney answers 4


You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on

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If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.


Given the difficulty involved with litigating police misconduct cases, you should really consider consulting with a local civil rights attorney. But, to answer your question--(1) with regard to filing a tort claim, you would first need to file an administrative claim (and the statute of limitations, for such claims, is, generally, very short), with the appropriate local public entity. And, as for filing a 1983 civil rights lawsuit, you would do so in federal court.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.



thank you

Malosack Berjis

Malosack Berjis


You are welcome.


You retain a local civil rights lawyer, so contact one of the lawyers above.


One thing often overlooked in tasting cases: the law in New Mexico requires legal notice of intention to file a Tort Claim within 90-180 days! Don't ruin your otherwise excellent case!

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