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…

In the summer months, you may come across construction on state highways and county roads that typically require you to avoid items on the road, drive at reduced speeds, and increase awareness on the road. Even with safety precautions in place, these New Mexico road construction sites can be conducive…

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…

A recent Federal Court of Appeals case discusses whether or not a New Mexico family truly rejected additional Uninsured/Underinsured (UM/UIM) coverage as dictated by New Mexico law. The man was seriously injured in a car accident and incurred more than $200,000 in medical bills. The injured man held a policy…

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…

New Mexico catastrophic accidents are events that no driver or pedestrian expects. Accidents involving large semi-trucks or tractor-trailers often involve life-threatening injuries for all parties affected by the accident. Recent attention has been given to a fatal accident involving a well-known comedian, particularly after it was revealed the driver admitted…

Accident and injury can happen anywhere in New Mexico, but if a slip and fall or work injury occurs on government property or from the error of a government employee, the path to recovering damages presents different obstacles. Hiring knowledgeable New Mexico personal injury attorneys is the best way to…

A recent New Mexico Supreme Court case firmly established that foreseeability should not be considered when determining whether or not a duty exists. The appellate decision arose out of a tragic, large-scale accident in Santa Fe where a truck crashed into a shopping center, killing three people and injuring several…

A New Mexico man was the victim of a fatal motorcycle crash at the end of April on Highway 31 outside of Carlsbad. The motorcyclist crossed the center lane and struck a vehicle head-on that was driving in the opposite direction. The man sustained a catastrophic injury in the form…