Wrongful Death

Medical Malpractice Claims Raise Unique Statute of Limitations Issues

Most people are aware of the concept of a statute of limitations period which is a time frame in which a claim must be brought or is lost forever. There are many subtleties that must be understood as well and it is these that cause injured people the most problems. There are different limitations periods…

Sibling Loss of Consortium Cases in New Mexico

A recent New Mexico Supreme Court case once again addresses loss of consortium claims. Specifically, the Court in Wachocki v. Bernalillo County Sheriff addresses a claim for loss of consortium by a sibling. The case involved the death of 22 year old Jason Wachocki which was caused by a speeding Metropolitan Detention Center van. A…

Reach of New Mexico Dram Shop Laws Extends to Business Wining & Dining

Businesses often wine and dine clients and potential clients for business development and marketing. The wining part of the equation will on occasion lead to some pretty disastrous consequences. The recent New Mexico Supreme Court case of Delfino v. Griffo addressed the responsibility for these consequences under the state‘s liquor liability laws (otherwise known as…

Scope of Waiver of Tribal Immunity Under New Mexico Indian Gaming Compact

New Mexico is home to many Indian Casinos. They are very popular. Like any other business, particularly casinos, there are countless ways for patrons to be injured. When a personal injury occurs at or near an Indian Casino, the first and most important question is whether or not there is sovereign immunity protecting the tribe…

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…

Albuquerque Personal Injury Attorneys