2014

In past blog posts, we have covered what must be shown by the injured plaintiff in a personal injury action. Often, the elements of a personal injury action are summarized as duty, breach, causation, and damages. A duty is usually created by statute or case law, where a standard of…

The New Mexico Wrongful Death Act allows monetary recovery for a death that occurs as a result of someone’s negligence. The statute provides that parties seeking recovery can pursue an action if legal recourse would have been available for personal injury. Only certain family members can recover damages as beneficiaries in a wrongful…

The New Mexico Supreme Court issued a decision this month that reviewed the changes made to the UM/UIM coverage requirements and assessed whether they applied to claims and contracts that pre-date the law. In Montaño v. Allstate Indemnity Co., the Supreme Court changed the law to protect the rights of…

When you’ve been injured in a New Mexico car accident, one easily thinks of the other driver as the liable party. However sometimes car accidents are caused by a defective car or car component. Manufacturers may be held accountable under the legal theory of strict liability if the product causes…

The New Mexico Court of Appeals recently issued an opinion in Richter v. Presbyterian Healthcare Services, et al., which addressed several trial court rulings both in favor of the deceased’s estate and in favor of the defendants. The deceased died from heart arrhythmia caused by an undiagnosed condition called pheochromocytoma….

New Mexico law makers recently assessed the current laws and agencies related to reporting child abuse after a nine year old boy was allegedly kicked to death by his mother. This death came after at least three prior investigations by law enforcement and social workers. The proposed solutions ranged from…