Month / February 2011
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Broken Promises in Slip & Fall Accidents May Result in Punitive Damages in New Mexico
Slip and fall accidents are very common. Though they sound trivial and are often mocked, they sometimes lead to serious injuries. On occasion, these injuries are not apparent at the time of…
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4th Amendment Privacy Shrinking with Technology
When dealing with illegal search & seizure issues under the Fourth Amendment protection cases, courts evaluate whether the defendant had a “legitimate expectation of privacy” in the first place. As a general…
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Medical Malpractice Reform Harms Patients and the Taxpaying Public
Medical malpractice reform is all the rage in politics these days. President Obama even seems to have jumped on the bandwagon. Many states are lining up to pass their own versions of…
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New Mexico‘s Implied Consent Act Leaves No Room for Indecision in Consent to Alcohol Testing
Under New Mexico‘s Implied Consent Act, any driver arrested for DWI is deemed to have given consent to “chemical tests of his breath or blood or both.” Refusal of the tests results…
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Diminution of Vehicle Value Following Auto Accidents in New Mexico
In the typical car accident, the insurance company of the party who caused and is liable for damages associated with the accident pays for the repair of the other vehicle involved. The…
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Attention Mall Shoppers! The 4th Amendment Does Not Apply Here
The Fourth Amendment to the U.S. Constitution provides limits to law enforcement search and seizure procedures in order to protect individuals‘ privacy. Under the 4th Amendment, unreasonable searches and seizures carried out…
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Payment of Medical Expense Is Not an Admission of Liability in New Mexico
On occasion, a party responsible for an accident and personal injuries will offer to pay for medical expenses related to the injuries. This most often occurs in slip and fall accidents at…
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You Can Run but …: Tolling of Probation and Jurisdiction in New Mexico Criminal Cases
Under New Mexico law, the courts maintain jurisdiction over criminal cases for the duration of the probationary period. It was made clear in the New Mexico Court of Appeals case of State…
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Personal Injury Contingency Fee Arrangments Essential to Justice System
The contingency fee arrangement plays a pivotal role in allowing personal injury plaintiffs access to the courthouse. In fact, without contingency fees, injured persons would for the most part have absolutely no…
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Disappearing Defendants and Insurer Responsibility in New Mexico Auto Accident Cases
A recent case from the New Mexico Court of Appeals shows the lengths to which some insurance companies will go to avoid their financial responsibility under their auto insurance policies. In Gallegos…
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