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Personal Injury & Wrongful Death Legal Process

Employer Liability for DWI Accidents Part 2: Negligent Entrustment

Negligent entrustment of a vehicle basically means that car owner allows an unsafe driver to use the car. When that driver causes an auto accident, the car owner is responsible for the harm caused. This applies to all owners and innocent victims including employers and employees. Basic Requirements for Negligent Entrustment Claim The requirements are…

States Fight Back Against Big Pharma on Opioids

Big Pharma’s at it again and this time States are fighting back on corporate shenanigans on Opioids that are costing lives and colossal public resources. Most people who keep up on the news these days know that the United States faces a problem with addiction and abuse to Opiate-based drugs. An article from the Ring…

Social Media Puts Courts Behind Technology

Social media has created all kinds of new challenges and opportunities in litigation. It also creates a number of possible avenues for abuse. In nutshell, the courts are having a hard time keeping up with social media technology. Some issues are old in today‘s terms (a few years). One interesting issue than will have far…

Client‘s Authority to Settle Required for Settlement of Claims in New Mexico

An attorney has a lot of leeway in determining the way to proceed during the course of a lawsuit. However, one specific area that an attorney needs authority from his or her client is during negotiations for a settlement. An attorney needs his or her client to specifically approve any settlement offer made or accepted…

New Mexico Statute of Limitations & Exceptions — Time is Always of the Essence!

There are a number of important deadlines in personal injury lawsuits. The first and perhaps most important is the statute of limitations. Missing this deadline will bar your claim completely. Statutes of limitation are laws placing specific time limits on when an individual can file a lawsuit. Different time restrictions apply depending on the legal…

Disability Video Surveillance in Personal Injury Suits

Personal injury cases, especially those involving large insurance companies, can become extremely antagonistic. Sometimes, defendants will go to great lengths to avoid paying a personal injury claim. Many insurance companies conduct what has come to be called “disability video surveillance” in the hopes of proving that a plaintiff does not in fact suffer the injuries…

Concealing Preexisting Injuries Can Seriously Harm a New Mexico Personal Injury Claim

A recent case from the 10th Circuit Court of Appeals illustrates the importance of full disclosure of preexisting medical conditions in a personal injury case. Failure to fully disclose preexisting conditions can result in serious discovery sanctions including dismissal. The case of Freddie v. Marten Transport involved a 2006 auto accident. The plaintiff, Jerry Freddie,…

Evidence of the Plaintiff‘s Criminal Past in Personal Injury Cases

Plaintiffs in personal injury cases, like anyone else, sometimes come with some baggage. On occasion, a plaintiff has been convicted of criminal offenses in the past. The question that most plaintiffs in this situation will want to know is whether these past legal transgressions can be held against them in their personal injury case. Most…

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