Legal Question in Disability Law in New Mexico

Gentleman/woman wants punitive damages

There probably are handicap-based cases in which punitive damages have been awarded.ADA is federal. Each state has its own antidiscrimination law for handicapped complainants. In Mass., the statute does provide for enhanced damages. I do not know whether your state's law does. If you want to settle, you probably should seek the aid of a professional -- although of course you can try on your own. But the goverment does not settle just because you make a demand. The laws -- both state and federal -- are quite complex and have many traps for the unwary. Therefore public and private employers generally prefer to put the complainant through some hoops first, because they have a shot atknocking the complainant out of the box right after the starting gun goes off. That's why you need an atty specializing or concentrating in that area of law. For instance, when did the violation of which you speak occur? If more than 6 months ago, you are out of the ballgame to bring suit under the antidiscrimination laws. The reason:you must file a charge at EEOC or your state antidiscrimination commission within 180 days. Lastly, you did, however, mention a contract issue. And you might very well have an legitimate cause of action grounded in contract. You would in Mass, for instance, have 6 years in which to bring that claim forward. I don't know how long you'd have under yur state law. However, there are NO puntivie damages on a contract claim. Punitive damages generallay must be a statutory remedy . . . but again I do not know the law in your state. That is why YOU MUST consult a local atty. Good luck!