New Mexico Injury Attorney Blog

Ground Zero Settlement: Is it Fair?

It was announced last week that there has been a $657.5 million settlement to compensate around 10,000 workers harmed during the cleanup of Ground Zero in the 911 Terrorist Attack. Two obvious questions arise: Is it a fair settlement for the injured workers? Why the delay in settlement when the workers were obviously harmed during…

Scalding Coffee, Explosive Chicken Sandwiches? Solution Tort Reform!

The debate over frivolous lawsuits almost always leads to the McDonald‘s scalding hot coffee case. The case, Liebeck v. McDonalds‘s was filed in Albuquerque‘s Second Judicial District Court. The outcome was a jury verdict of $160,000 in compensatory damages which reflected a finding of 20 percent comparative negligence on the part of Stella Liebeck. In…

Community Property Issues in New Mexico Personal Injury Lawsuits

Personal injury lawsuits can often take a very long time. They are often highly stressful on a marriage for a number of reasons. Many times, the injured person is in significant pain following an injury. This can cause a lot of marital friction. In addition, the injured person many times cannot work causing serious financial…

Caps on Punitive Damages: Great for Business, Bad for Everyone Else

Punitive damages are a hot topic both for businesses and for individuals harmed by the conduct of businesses. Punitive damages are just that, “punitive”. They are awarded above and beyond compensatory damages to punish outrageous and dangerous corporate behavior. More importantly, they serve the purpose of deterring future bad behavior. Punitive damage are relatively rare…

Service of Alcohol to Minors Leads to Tragic DWI/DUI Auto Accident

Auto accidents are among the leading causes of death of teenagers and young adults (ages 15-24) in New Mexico. Youth, drinking and driving is a lethal mix with often lethal consequences. The DWI/DUI laws and underage drinking laws in New Mexico are very strict to avoid the tragedy of youthful DWI/DUI accidents. There are strict…

Hospital Survival: Essential Strategies

In my last article, I addressed the high medical error rate in U.S. hospitals. The numbers are staggering and completely undermine tort reform arguments, medical malpractice award caps, and all those fighting healthcare reform that invariably use the myth of frivolous medical malpractice lawsuits in their attacks on reform. The medical community recognizes the high…

Hospital Survival: The Numbers

The debate over healthcare reform always leads eventually to the evil of trial attorneys. It has become a mantra of any self respecting conservative politician that medical malpractice lawsuits are crippling the healthcare system while victimizing the good doctors and nurses around the country who strive only to serve the public good. Having read some…

Tort Reform Ignores Bad Corporate Behavior: Case in Point, Toyota!

The Albuquerque Journal reports that Toyota officials bragged about the $100 million it saved by negotiating with the government for a limited recall related to the problem with sudden acceleration of its vehicles. It is reported that internal corporate memorandum noted the limited recall of floor mats among “Wins for Toyota – Safety Group.” The…

Work Related Auto Accident Injuries and Employer Uninsured/Underinsured Motorist Coverage

Work related injuries in New Mexico, as in most states, typically leave the injured workers grossly under-compensated in cases of serious or permanent injuries or wrongful death. With on the job injuries, the worker is typically limited to recovery under the Workers Compensation Act. There are exceptions. An injured worker can recover damages beyond the…

Hidden Cameras Play Role In Nursing Home Abuse & Neglect Cases

Hidden cameras are playing an important role in the investigation of nursing home abuse and neglect cases. Hidden cameras placed by the family of one abused residence revealed severe abuse of a nursing home stroke resident. The Attorney General in New York has implemented a program of hidden cameras in nursing homes for the detection…

Albuquerque Personal Injury Attorneys