New Mexico Attorney Blog
Archive for the ‘Personal Injury Law’ Category
Wednesday, May 12th, 2010
There are a variety of situations that can lead to a medical malpractice claim. Medical Malpractice claims can range from the obvious (a doctor leaving a sponge in a patient’s stomach during an operation) to the not so obvious (a doctor failing to tell a patient that a prescribed drug might cause heart failure). Most medical malpractice claims can be categorized into one of the following general categories: (1) Failure to Diagnose; (2) Improper Treatment; and (3) Failure to Disclose Known Risks.
Cases fall into the first category when a competent doctor would have discovered the patient’s illness or made a different diagnosis, which in turn would have led to a better outcome than the one actually achieved. Cases fall into the second category when a doctor treats the patient in a way that no other competent doctor would have treated the patient. In a similar vein, it may also be malpractice if the doctor selects the appropriate treatment but administers it incompetently. Finally, cases fall into the third category when doctors breach their duty to warn patients of known risks of a procedure or course of treatment – this is also known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure.
Call us today to set up a free consultation regarding a potential medical malpractice claim.
Tags: Attorney, common, Medical Malpractice, types Posted in Medical Malpractice, Personal Injury Law | No Comments »
Monday, May 3rd, 2010
First, check to see if you or anyone else is injured. If, so, you should try to render aid, if you can safely do so. Even if you think someone else is at fault, it is a good idea to try to prevent further injury.
Second, try to prevent causing any additional accidents. If you are in the middle of traffic, safely move off of the roadway. If your vehicle is in the middle of traffic, place flares or warning triangles on the road. Allow police and other emergency personnel investigate the scene with the vehicles in place and move them safely out of the way.
Third, call the police. Tell them immediately if you or anyone else is injured. Answer their questions honestly, but do not admit fault. If you are confused or in a daze, tell the police you need medical treatment and aren’t able to accurately discuss the events at the moment. Remember, anything you say can be used against you in a court proceeding. Even if you think the damage wasn’t too bad, or you weren’t injured, having a police report can help you pursue or defend against a claim that arises later.
Fourth, get all the information you can from the other drivers. Make sure to get their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and insurance company and policy numbers. Get contact information for any witnesses, also.
Fifth, take pictures of the scene and any vehicles that may have been involved. Take your valuable belongings out of the vehicle if it is safe to do so. If you are too injured, take pictures or remove your valuables, do so as soon as you are able.
Sixth, if you are injured, get medical treatment. Don’t decline treatment to save money or to be strong. If you are not hurt, do not accept treatment you don’t need. Remember, though, after an accident you may not feel the pain of the injury until hours or days later. Seek medical help as soon as you feel the injury.
Seventh, contact a good attorney as soon as you are able to after your initial treatment. The sooner you contact an attorney, the sooner he will be able to gather important evidence and prevent your insurance company from taking advantage of you. Do not give any statements to your insurance company until you have met with an attorney. A good attorney can help you obtain higher settlements and prevent you from making expensive mistakes.
Eighth, you need to need to report the accident to your insurance carrier, but keep in mind you need the protection of an attorney before you make any statements regarding the accident.
Ninth, do not agree to settle with the other person, even if you were the one at fault. This rarely works to your advantage. Never agree not to call the police. Police reports can determine the fault for an accident can be greatly advantageous. Not calling the police only gives the other party an opportunity to change his story once the police will no longer investigate the accident.
Tenth, don’t pay a traffic citation without fighting in court if you believe you weren’t at fault, and don’t agree to accept a payment for your vehicle repairs without knowing the actual cost of the repairs.
If you’ve had a motorcycle or automobile accident in New Mexico, please contact our law firm. We have the experience you need to ensure you are represented and get the compensation you deserve.
Tags: Attorney, Causation, claims processing, motorcycle safety, Personal Injury Posted in Personal Injury Law | No Comments »
Monday, April 5th, 2010
Riding motorcycles is a popular and enjoyable pastime for many New Mexicans, but can also be one of the most dangerous. You must have proper training, skills, and knowledge to be able to safely ride a motorcycle. Avoidance of accidents is even more important when riding a motorcycle than driving a car because a motorcycle does not provide you any protection from injuries, like a car can. Here are some tips to help you avoid becoming involved in a life-altering accident, or to minimize injuries if you do become involved in an accident.
- Know your motorcycle’s capabilities and ensure that you can comfortable control it.
- Never ride in a car’s blind spot.
- Always wear the proper protective clothing and gear when you ride. Especially be sure to wear a helmet any time you get on a motorcycle.
- Use headlights and signals both day and night
- Never drive under the influence of alcohol or drugs
- Treat other motorists with courtesy and respect
- Remember you are difficult to see. Drive defensively.
Most motorcycle accidents are caused by someone’s negligence that can change your life. Some common causes of motorcycle accidents include driver negligence, hazardous weather conditions and dangerous road hazards. The leading cause of motorcycle accidents is the failure of other drivers to see the motorcyclist. You must assume that the other motorists on the road cannot see you, and ride accordingly
If you or a loved has been involved in a motorcycle accident, please contact us to discuss your right to recover for your injuries and damage to your motorcycle. Our team of lawyers is ready to help you and your family.
Tags: Attorney, motorcycle safety, Personal Injury, tips Posted in Personal Injury Law | No Comments »
Tuesday, March 9th, 2010
The short answer is no, except in very rare circumstances.
The New Mexico Workers’ Compensation Act is a no fault system, designed to benefit both employees and employers. The primary benefit to this no fault system for the injured worker is that her or she does not have to prove negligence to receive compensation, as would be required in a typical personal injury claim. Generally, a worker injured in the course and scope of employment is entitled to benefits, regardless of whether the employer or the worker, or even another employee was negligent. Simply put, for the most part negligence is irrelevant in worker’s compensation.
The no fault system further provides a benefit to the worker because he or she does not have to prove up negligence. This allows for a more timely award of benefits to the worker.
The New Mexico Workers’ Compensation Act provides a very important benefit to the employer as well—that is, the employer can not be sued outside of workers’ compensation. In other words, the law does not require the worker to prove negligence, but as a tradeoff, it prohibits the workers from suing the employer outside of worker’s compensation.
Thus, for 99% of workers that means the worker cannot sue his or her employer, not even if your employer is negligent, or even grossly negligent.
I did mention there are rare situations in which a worker can sue an employer. This is known as a “Delgado Claim” named after the New Mexico case which first provided this right to workers. Without getting into the specifics of the case, and a complex analysis, I can simplify it with a simple example of what is required.
Assume there is a fire at work, and your employer demands that you rush into the burning fire or you will be fired. You refuse citing the obvious risks, and your employer again demands that you rush into the burning fire risking your life. You reluctantly agree, and are injured in doing so.
Okay, this is a bit of an exaggeration, but not much! While not exactly the standard for bringing a Delgado claim, this provides a helpful example as to the extremely high burden an injured worker must overcome to sue his or her employer. Another way of looking at it is that it must almost be intentional.
If you believe you have a situation that may rise to this level, please contact me and I will be happy to discuss your situation in more detail.
But as a general rule, assume you can’t sue your employer.
A couple quick side notes that must be mentioned while we are on this topic…you can potentially bring a claim outside of worker’s compensation if someone other than your employer or fellow employee caused your injury. The most common examples of this are negligent third party contractors or negligent drivers injuring you in a car accident while you are in the course and scope of employment. In this situation, you can potentially bring a worker’s compensation claim and a personal injury claim.
This is obviously meant to be a very quick overview of this area of the law, and is not intended to be a complete explanation. I will be happy to discuss the facts of your case if you need further information.
Tags: Attorney, new mexico, sue my employer, worker, Workers Comp, Workers Compensation Posted in Personal Injury Law | No Comments »
Wednesday, March 3rd, 2010
Insurance can often seem excessively complicated and difficult to understand, but with state requirements for motorcyclists to be insured you need to understand how insurance works. Here are five commonly asked questions and answers regarding motorcycle insurance.
- Should I really submit a small claim to the insurance company, won’t it make my premium go up?
The answer to this is maybe. It depends on your particular situation. There are a number of different factors to take into account when deciding whether to file a claim. It helps if you have no or few claims filed previously. The biggest issue when determining if your rate will increase is fault. If you are at fault it is likely that your premium will increase. If you are not at fault, your rate will probably not increase.
Another factor to consider before you submit a claim is your deductible. If the damage to your bike is less than your deductible, then you probably don’t want to submit that claim.
Regardless of the amount of damage or fault, always tell your insurance carrier if you are involved in an incident that involves injuries to yourself or others.
- If I let my buddy drive my bike, does my insurance cover it?
Yes. This is based on the Permissive Use Policy. Basically, a rule of thumb is that insurance follows the bike, not just the driver. As long as your buddy has your permission to use the bike, it is covered.
You should still be cautious when you lend your bike to others. If they are in an accident you will have to file a claim against your insurance policy. The more claims you file, the more likely the insurance carrier will refuse to renew your policy, or to increase your premiums in the future. You should only lend your bike to a responsible, licensed motorcyclist.
- How does the insurance company decide how much my bike is worth?
Each bike is valued on an individual basis. Most adjusters start with N.A.D.A. guides or the Kelley Blue Book, but these are really just starting points. Since each bike is unique, a good adjuster must really focus on the specifics of your bike.
A good adjuster will consider the modifications you have made to your motorcycle, as well as other similar bikes in you area. This approach leads to a more precise and fair value for what your bike is really worth.
- Do I really need “accessory” coverage?
One of the most misunderstood parts of motorcycle insurance is accessory coverage. Many people simply don’t have sufficient accessory coverage to fully cover their motorcycle.
Accessory coverage covers anything that was not included as standard by the motorcycle manufacturer. This includes custom chrome, windshields, custom paint, performance modifications, saddle bags, and sometimes even your riding gear.
You must also include accessories that were added by the dealer or a previous owner before you purchased the bike. These items may make up a significant portion of the value of your bike. You don’t want to be underinsured. So, make sure you know what accessories you have and how much they are worth, before you decide how much accessory coverage to purchase.
- What’s up with “liability” coverage?
Liability is the coverage that you are required to have by the state. This covers losses that result from bodily injure to others or damage to the property of others for which you are liable.
Essentially, liability insurance covers damage you do to others, when riding your bike. This includes property damage, as well as bodily injury. It does not cover damage to your bike or your own bodily injuries.
Regardless of the amount or type of insurance coverage you own, if you or someone you know is or has been injured in a motorcycle accident, you need to consult with an attorney to fully understand your rights and remedies. Our attorneys are always waiting to serve you.
Tags: new mexico Posted in Personal Injury Law | No Comments »
Friday, January 29th, 2010
In automobile accidents, it is often the case that a family member was at fault. This scenario is especially true when there are multiple occupants in a single-vehicle accident. Take a typical case, for example. Husband and wife go to a party. Husband is driving. He has maybe had a few too many drinks, and runs the car off the road, severely injuring wife. Wife should be entitled to recover for her injuries, right? The only problem is that if wife sues husband, she isn’t going to get any money that isn’t already hers, is she? So why should wife bother with suing husband, since in most cases, husband’s assets are commingled with wife’s assets?
In a case like the one just mentioned, attempting to make a money recovery from a family member or a loved one shouldn’t necessarily be dismissed off hand. Many times, when a family member injures another family member, the injured person feels as if she is unable to recover for her injuries. This is simply not the case. Often, the injured family member can recover from the insurance owned by the responsible family member. Some of these cases may require a lawsuit to enable recovery. So, just because you were injured by a family member doesn’t mean you can’t recover money for your injuries.
If you have been injured in an automobile accident, whether by a family member or not, you should act quickly, as you must file any legal action within a certain period of time to protect your claim. You may need to contact an attorney quickly, as your time may be running out. Our team of attorneys routinely handles automobile accident cases and is ready to serve you.
Tags: Attorney, new mexico, Personal Injury Posted in Personal Injury Law | No Comments »
Monday, January 25th, 2010
Many times a lawyer is asked by a client seeking an initial consultation if what they are talking about is confidential. In addition, sometimes after the fact a lawyer finds out that the client was not truthful in their initial interview because they didn’t think that the information was confidential if they did not hire the lawyer.
All states offer confidentiality under state statutes, case law and ethics that govern the practice of law. Clients should be told in the initial interview that everything that is discussed (content) is strictly confidential. They also need assurances that if you involve staff in your case that they too keep a client’s case information confidential. Assuring a client of this confidentiality will assist in a free flow of information in the initial consultation.
Final Answer: The content of your initial consultation with any lawyer is confidential, whether or not you engage their services after the initial consultation.
Tags: Attorney Client Relationship, Divorce, Family Law Posted in Criminal Law, Family Law, Personal Injury Law, Social Security Law, Worker's Comp Law | No Comments »
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