Mark Caruso's answer I think you are asking whether an arbitration is preferable to a jury trial. Arbitrations are typically much less expensive, quicker and easier than a jury trial. An arbitration is typically done before a single arbitrator or group of arbitrators and is typically completed in less than one day.
Lawyers: To answer this question, please Log In to your account.
Mark Caruso's answer The statute of limitation for damage claims is 3 years. An exception is when the claim for damages is against a governmental entity such as the state, county, city, school when the statute of limitations is 2 years.
Mark Caruso's answer NO. The Rules of Professional Responsibility for the State of NM prohibit a direct advancement of cash or other benefit to a client. The only exception is for litigation and case expenses and costs. However, an attorney in NM is permitted to sign a protection agreement between a client and a third party advance company such as Oasis Advanced Loan or others commonly seen on television.
Mark Caruso's answer Yes. This is clearly an assault and battery. Not only is it a criminal act but it is a civil act as well.In a civil claim you can get damages for medical expenses, pain and suffering, lost earnings and punitive damages. Because he was in the scope of his employment, his company may also be responsible.
Mark Caruso's answer YES. New Mexico law specifically permits a damage claim for lost earnings and future earnings in a personal injury suit sucha as a car or truck accident. Remember, the lost earnings and future earnings must result from the injuries you received in the accident. If a physician tells you to stay off work from the injuries make sure that he gives you something in writing. You can give this documentation to your employer but also keep a copy for yourself. Also, keep track of time that you might...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.