Personal Injury Law Case Summaries

Because Collins & Collins, P.C. handles personal injury cases in both State and Federal Court, the summaries will include cases from the New Mexico Appellate Courts, the 10th Circuit Court of Appeals, and of course the United States Supreme

The case names will set forth the name of the case, the court of origin, the year the case was issued, and a brief description of the subject matter.  We will also provide links to the full case for those wishing to read the full court opinions.  It should be noted that these case summaries are just that, summaries meant to provide a fairly brief and succinct summary of the case.  We will typically focus on those portions of the case that we feel our most relevant to our practice areas and our clients.  In short, it is often helpful and even necessary to read the full court opinion to fully understand a case.
and procedure.

For ease of use,  we will use the following abbreviations for the court of origin: New Mexico Court of Appeals (NMCA), New Mexico Supreme Court (NMSC), 10th Circuit Court of Appeals (10th Cir.) and United States Supreme Court (USSC).

It should be noted in advance as it will surely be noted by some readers that these are not proper case citations and do not follow court citation/blue book guidelines.

Again, as noted on the Case Summaries entry page, these case summaries are not intended as legal advice nor as a map for you to pursue your own case without an attorney.  There is no substitute for an experienced attorney.  It is rarely if ever advisable to pursue a claim for serious personal injuries or wrongful death without an attorney.

WOS v. E.M.A. (USSC 2013)

The United States Supreme Court addresses the issue of a presumptive
1/3 Medicaid lien in personal injury cases. The Court ruled that no
such presumption is allowed and Medicaid is entitled to a lien only on
that portion of a settlement or judgment attributable to Medicaid
covered medical expenses.

Badilla v.Wal-Mart Stores (NMCA 2013)

This case from the New Mexico Court of Appeals addresses whether the
statute of limitations on a personal injury claim may be extended by
joining it with other claims with longer statutes of limitations.

Millbrook v. United States (USSC 2013)

The U.S. Supreme Court addresses the waiver of governmental immunity in
a case of an assault and battery on a prisoner by prison guards.

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