New Mexico Injury Attorney Blog

Dram Shop Liability Issues Not Always Apparent

There have been a couple of recent decisions involving very large damage awards against bars for the drunken actions of their patrons. The cases fall under dram shop and premises liability laws that protect the visitors, patrons and customers of such drinking establishments. These case involved obvious dram shop and premises liability. Other cases of…

Trucking Accident Investigations Should Begin Immediately

Corporate defendants in personal injury lawsuits can be extremely uncooperative and evasive. After all, payment of claims does not fit within their profit model. In trucking accident cases, the level of obstruction will on occasion rise to the level of outright dishonesty and deceit. This is a problem on a national level and New Mexico…

Employer Liability for Texting Employees

Mobile phones clearly present a danger to the driving public. Mobile phone use causes over 500,000 auto accident related injuries each year. Texting and driving can be almost as dangerous as drinking and driving. Simply talking on the phone also poses dangers which led to Albuquerque and Santa Fe banning all but hands free devices…

Texting & Driving Don‘t Mix

Texting and driving do not mix. Governor Richardson of New Mexico has been pushing for a statewide ban on the use of cell phones while driving both for talking and sending texts. Several cities in New Mexico, including Albuquerque, Santa Fe, and Las Cruces, have already banned the use of mobile phones while driving. These…

Medicaid Liens: What is the Obligation in a Personal Injury Settlement?

Medicaid liens can cause significant financial complications following settlement of a personal injury lawsuit. There are significant penalties for failure to properly account for those liens out of settlement funds. It is important that the Medicaid liens be addressed and satisfied with both New Mexico Human Services Department (HSD) and Center for Medicare and Medicaid…

Ongoing Illegal Strip Searches Lead to Class Action Settlement

It was reported this week in the New York Times that New York City has agreed to a class action settlement in the amount of $33 million for individuals subjected to illegal strip searches following misdemeanor arrests. The strip searches lled to a Section 1983 suit for the plain violation of the 4th Amendment prohibitions…

Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico – The Sequel

As promised in my last post, I will set forth the issues of import for uninsured/underinsured motorist coverage in New Mexico addressed in Salaz v. Mountain States Mutual Casualty Company. The case is particular interest to injured passengers. However, the case also addresses several more general but equally important issues surrounding uninsured/underinsured motorist coverage. First,…

Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico

The case of Salaz v. Mountain States Mutual Casualty Company was filed in the New Mexico Supreme Court in early 2009. As such, this is not exactly a timely post but it addresses a number of important issues regarding uninsured/underinsured motorist coverage in New Mexico. The case could prove very helpful to those injured in…

Gross Medical Negligence Leads to Death of Child in MRI Chamber

When you Google MRI Risk, MRI Dangers, and so on, the results for the most part indicate that there are no risks. Yet despite the apparent absence of risks of an MRI, a 6 year old boy was killed during an MRI procedure. How could this happen in a presumably risk free procedure? Gross medical…

Scope of Informed Consent: Duty to Disclose Physician‘s Background?

The 10th Circuit case of Willis v. Bender addressed a doctor‘s duties to disclose the doctor‘s background information to a patient as part of informed consent. Lack of informed consent is often an element in medical malpractice claims in New Mexico particularly in surgical procedures. Under New Mexico law, informed consent does not typically require…

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