Regardless of jurisdiction, most personal injury claims require proof of these four elements: 

1. Duty of Care
   The defendant owed a legal duty to act reasonably and avoid causing harm
2. Breach of Duty
   The defendant failed to meet that duty—through action or omission
3. Causation
   The breach directly caused the plaintiff’s injury (proximate cause)
4. Damages
   The plaintiff suffered actual harm—physical, emotional, or financial

Personal Injury Law – New Mexico vs. Navajo Nation

New Mexico Law

• Uses pure comparative negligence (plaintiff can recover even if 99% at fault)
• Statute of limitations:  usually 3 years for most claims; 2 years for claims against government entities
• Claims against government may require written notice within a certain time frame, damages include compensatory, non-economic, and punitive (in egregious cases)

Navajo Nation Law

• Based on tribal case law, Navajo common law, and Navajo customs and tradition
• Jurisdiction: Navajo Nation District Courts and Peacemaking Services
• Emphasis on restoring hózhó (balance and harmony)
• Statute of limitations: typically 2 years
• Damages may include non-economic, economic damages, and trying to restore balance and harmony

Navajo Nation Tort Claims Act – Definition

The Navajo Nation Tort Claims Act is a legal framework that allows individuals to bring civil claims against the Navajo Nation Government or its entities for injuries caused by negligence or wrongful acts. It functions similarly to the New Mexico Tort Claims Act but is grounded in tribal sovereignty, customary law, and restorative justice principles.

Key Features:

• Applies to claims against the Navajo Nation
• Recognizes limited waivers of sovereign immunity of the Navajo Nation
• Requires administrative procedures before filing in court, including notice and review
• May involve nalyeeh (restitution) and peacemaking processes to restore hózhó (balance and harmony)

Legal authority is found in 7 N.N.C. § 601 et seq., and procedures are shaped by Navajo statue, Navajo case law and common law, and Navajo custom and traditions.

What Is a Cause of Action?

A cause of action is the legal basis for a lawsuit—the set of facts and legal theory that entitles a person to seek relief in court. Under Navajo law, a cause of action typically includes:

1. Duty: The defendant had a responsibility to act reasonably or fulfill a legal obligation
2. Breach: That duty was violated through action or omission
3. Causation: The breach directly caused harm
4. Damages: The plaintiff suffered injury, loss, or disruption of hózhó

In tribal court, a cause of action may also reflect customary relationships, kinship duties, and community impact—not just Western legal standards.