New Mexico Injury Attorney Blog

Punitive Damages in New Mexico: What is Reasonable?

The $100 million award of punitive damages against British Petroleum for workers injured by a toxic chemical release raise some interesting issues for New Mexico law. The federal court case in Texas offers some precedent but punitive damages awards are governed by state law. It seems unlikely that the award against BP would stand due…

Paxil Settlements Near $1 Billion

GlaxoSmithKline has paid around $1 billion in Paxil settlements for litigation related to birth defects, suicides, and addiction as well as some non-medical related litigation. There remain 600 birth defect lawsuits pending so that the settlements are likely to grow much larger in the coming months and years. Bloomberg News reports that Glaxo has spent…

Beware Medicare & Medicaid Liens in Personal Injury Lawsuits

In personal injury cases in New Mexico, the injured person has often received medical care through Medicare or Medicaid (hereinafter referred to collectively as Medicare). Medicare by law has a lien against any settlement for the full amount of the Medicare benefits. This lien is prior to all other obligations or other distributions verdict or…

Underinsured Motorist Coverage: Don‘t Leave Home Without It

Car accidents are a fact of life. They are far too common. Most people will be in a car accident at least once during their lives. Often times, it will be that person‘s negligence that caused the accident. The law requires that every driver carry liability insurance for these purposes. Most drivers in New Mexico…

Loss of Consortium Claims: Discovery Can be Brutal

New Mexico Uniform Jury Instruction 13-1810A allows for the recovery of damages by the plaintiff‘s children or spouse for loss of consortium which is defined as the “loss of the society, guidance, companionship and sexual relations resulting from the plaintiff‘s injuries.” The allowance of damages for the loss of sexual relations is most closely identified…

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…

Albuquerque Personal Injury Attorneys