Kristina Aiad-Toss, Counsel, and Pilar Borneo, Associate Attorney at Singleton Schreiber, explain the legal and policy effects of New Mexico’s proposed Survivor Justice Act. This legislation aims to update civil timelines for childhood sexual abuse claims by extending filing deadlines and opening a window for cases that were previously barred. The bill reflects research showing that trauma disclosure is often delayed. If approved, the reform would give survivors more access to civil remedies and hold institutions responsible for systemic failures. The Act would represent a major move toward survivor-centered justice in New Mexico.
Losing a loved one is difficult, but making any sort of legal claim after a relative has passed is even more difficult. New Mexico follows the Uniform Probate Code and the Probate process can help people make claims resulting from injuries or property damage resulting from the Hermits Creek Calf Canyon Fires and Floods, on behalf of a deceased individual. Even if they were not killed as a result of the fire, surviving family members may be eligible to make a claim after they follow the New Mexico Probate process. This process is known as “probate.”
New Mexico Attorney General Hector Balderas publicly requested the federal government appoint a New Mexico attorney (or possibly a retired judge) to oversee the claims process regarding the Hermit’s Peak/Calf Canyon Fire Assistance Act. The federal law, made in response to historic wildfires that destroyed more than 300,000 acres of national forest, wilderness and private lands, made $3.95 billion available to individuals and businesses that suffered loss as a result of the fires/floods.
The fires and floods in New Mexico made national news. The immediate effects of the devastation – the destruction of homes, the damage to forests and roadways, etc., have been covered by news outlets nationwide. However, the impact of these fires is long term, and many communities affected by the fires will continue to be impacted for the foreseeable future. In Northern New Mexico, one of the most unique – and serious – impacts has been the destruction of the acequias.
