New Mexico Injury Attorney Blog

New Mexico Corrections Department Unfit to Handle COVID-19 Crisis

Question: Is New Mexico Corrections Department (NMCD) fit to handle COVID-19 (Coronavirus) in its facilities? Answer: As with any question dealing with the competence of NMCD or its contractors, this was purely hypothetical. Of course, they are not. NMCD cannot handle basic medical care under the best of circumstances. As COVID-19/Coronavirus pandemic spreads throughout the…

Utter Indifference and Incompetence at NMCD Endangering New Mexicans

Question: Is the New Mexico Corrections Department (NMCD) of taken appropriate precautions to protect against spread of Coronavirus in the prisons? Answer: Of course not. That was a purely rhetorical question. NMCD can never be counted on to do the right thing nor can the people of New Mexico expect even a nominal level of…

Legal Claims for Bad Faith or Malicious Reporting of Child Abuse

FAQ: Can you sue for false reporting of child abuse. Answer: Yes you can sue for bad faith or malicious reports of child abuse but it will not be easy and there are critical deadlines that must not be missed. Qualified Immunity for Reporting of Child Abuse Bringing a lawsuit for deliberately false reporting of…

Driver’s Duty to Pedestrians

FAQ: What is driver’s duty to pedestrians? A driver in New Mexico has a duty to keep a proper lookout for dangers and hazards. This means a driver must pay attention to the road, other vehicles, dangerous road conditions and specifically pedestrians . The basic standard is a standard of ordinary care which in the…

Negligence Per Se in New Mexico Auto Accidents

Negligence in an auto accident may be based on the violation of ordinary care. Ordinary care has a bit of a circular definition which the care that an ordinary driver would use in similar circumstances and conditions. Ordinary care is always an issue in negligence cases whether auto related or other types of cases as…

Immigrant Workers Have Same Rights as Others in Work Accidents

Immigrants suffer significantly higher rates of on the job injuries and death.  There are a number of reasons for this which will discussed below.  Unfortunately, many immigrants do not know their legal rights when a work injury or death occurs.  Immigrants Work in Dangerous Industries Immigrants, especially undocumented immigrants, tend to gravitate toward dangerous jobs. …

Ride-Hailing Accident Claims

Ride-hailing has taken the U.S. by storm. As of the fall of 2018, 36% of U.S. adults used ride-hailing services such as Uber and Lyft or their innumerable offshoots. That is a lot of passengers, a lot of trips, and inevitably a lot of accidents. To some degree, a ride-hailing accident can be treated much…

Cruel and Dangerous Presumption of Malingering in Prisoner Medical Care

Malingering is basically faking an illness in order to achieve some non-medical goal. Reading inmate files and medical records, it is apparent that inmates are routinely presumed to be malingering even when there are clear signs of serious illness. There are legitimate concerns about prison security related to malingering such as the security risks of…

La Escasez de Personal en las Prisiones de Nuevo México Contribuye al Suicidio de Reclusos

Normas, Políticas y Procedimientos para la Prevención del Suicidio en Prisión Las políticas del Departamento de Correcciones de Nuevo México (NMCD) para la prevención del suicidio presumiblemente siguen las políticas y normas estandarizadas establecidas por la Asociación Americana de Correcciones (ACA) y la Comisión Nacional de Atención de Salud Correccional (NCCHC). De una revisión de…

Denial of Legal Counsel to Solitary Inmates in NMCD’s X-Pod

Every citizen is entitled to the use of the court system for the protection of his or her rights. This includes and generally necessitates contacts with attorneys. Prisoners have the same First, Fifth and Fourteenth Amendments rights to access to the courts and attorneys. In the case of prisoners with serious medical conditions, access to…

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