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New Mexico Injury Attorney Blog

Loss of Consortium Claims in New Mexico

Often personal injury claims in New Mexico present the possibility of bringing a loss of consortium claim. This is particularly so in cases of serious personal injury. A loss of consortium claim is brought on behalf of spouse or child of the injured person. New Mexico law specifically allows for an award of damages for…

Tort Claims Notice Requirements: Contents & Delivery of the Notice

In personal injury lawsuits against any governmental entity in New Mexico, the New Mexico Tort Claims Act requires that a Tort Claims Notice be sent to all possible governmental defendants within 90 days of the incident. This is a strict requirement and missing the 90 day deadline will bar the personal injury suit completely. The…

Deadlines are Short in Suits Against the Government in New Mexico

Personal injury lawsuits against governmental entities in New Mexico have surprisingly quick deadlines. These deadlines arise under the New Mexico Tort Claims Act. You should be aware of the Act‘s deadlines if you are suing a state, county or city governmental entity in New Mexico. Missing these deadlines even by a day will bar your…

Valuation of Your Personal Injury Claims

The valuation of your personal injury claim is generally the primary basis of argument between you and the insurance company on the other side. Of course, liability or fault must be proven before the value of your claims becomes relevant. Once you have proven liability pursuant to New Mexico Uniform Jury Instruction UJI 13-1801, you…

Car Accident Defenses: Contributory and Comparative Negligence

New Mexico is a comparative negligence state. As a result, it is possible for someone involved in an auto accident to recover damages even if he or she is partially responsible for the accident. This is in stark contrast to those states that follow contributory negligence rules. Contributory negligence doctrine precludes a driver from recovering…

$54 Million Awarded to Victim of Rape in Group Home

An Albuquerque jury delivered a huge $54 million verdict on December 1, 2009 sending a message to ResCare, Inc. that their behavior would not be tolerated. The case involved a severely mentally disabled man who was raped by of the staff members working at the facility where he lived. Compensatory damages were awarded in the…

Bar Held Liable for $1 Million in Damages for Negligently Serving Intoxicate Patron

Dram shop lawsuit in results in $1 million damages verdict against a bar that served the intoxicated driver that struck and killed a bicyclist while returning home from the bar. The driver, Melissa Arrington, had been drinking at Berky‘s bar prior to the accident. At the time of the accident, Ms. Arrington was driving while…

Huge Verdict In Trucking Accident Involving Texting Truck-Driver

Huge Verdict In Trucking Accident Involving Texting Truck-Driver A 21 year old college student was awarded $49 million in damages to a Santa Clara verdict for brain injuries he suffered in an auto accident. Drew Bianchi was traveling with friends on a camping trip when two trucks collided on the center line sending one of…

New Mexico Leads the Nation in Uninsured Motorist

The Insurance Research Council (IRC) has found that New Mexico leads the nation in uninsured motorist. Twenty-nine percent of New Mexico Motorists have no insurance. This does not reflect the true scope of the problem as many more are underinsured. The IRC predicts that by the year 2010, 16.7% of drivers nationally will be uninsured….

Driver Inattention: Mobile Phones and Texting Major Cause of Auto Accidents

The Obama administration has issued a report indicating that almost 60,000 people were killed and 515,000 were injured in 2008 in auto accidents as a result of driver distraction. Driver inattention was involved in 16% of all fatal crashes in 2008. The largest percentage of those accidents involved drivers under the age of 20. The…

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