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Questions Answered by Parrish Collins

2 Answers | Asked in Probate for New Mexico on

Q: Do I need to file probate in New Mexico where my husband died in an accident without a will?

Parrish Collins answered on Nov 8, 2013

Under the New Mexico Wrongful Death Act, a Petition for the Appointment of Personal Representative would need to be filed. This would typically be in the county where your husband resided. Once the Order of Appointment is issued by the judge, the personal representative can proceed with the... Read more »

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1 Answer | Asked in Criminal Law for New Mexico on

Q: My daughter is scheduled for a probation revocation, do i need to find her an attorney or will her public defender do?

Parrish Collins answered on Oct 9, 2013

Juveniles are required to have an attorney in juvenile criminal court. The public defender will assist her unless you have hired a private attorney. Revocation of probation is pretty serious so it is advisable to meet with your attorney in advance so the attorney is fully prepared for the hearing.

1 Answer | Asked in Divorce for New Mexico on

Q: How do I amend my divorce decree concerning allowing me to move my children out of the state of new mexico

Parrish Collins answered on Oct 2, 2013

In the absence of agreement by the parties, relocating to another state with children is no simple task. It will require a hearing at a minimum. Depending upon the situation, it may require the appointment of an expert psychologist. It can be a lengthy process and should be started early, well... Read more »

1 Answer | Asked in Personal Injury for New Mexico on

Q: I found a sharp piece of plastic in my food. The insurance company denied my claim. What should I do?

Parrish Collins answered on Sep 20, 2013

For there to be a claim, there must be damages. This means that you must have been harmed. There is no indication of physical injuries so presumably the injuries are emotional in nature. Our firm would not take on a claim involving purely emotional injuries associated with plastic found in... Read more »

2 Answers | Asked in Personal Injury for New Mexico on

Q: A family member was hit in the face with a whisky bottle. What kind of lawyer should member retain?

Many teeth are chipped and one was knocked out along with many cuts and major bruising. Is this grounds for a felony charge?

Parrish Collins answered on Apr 24, 2013

You should be talking with personal injury lawyers if you are seeking to recover damages (i.e. money) for your family member's injuries. If you are looking to file criminal charges, then you would file the a police report.

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1 Answer | Asked in Family Law for New Mexico on

Q: What paper work do I need to reopen a divorce case and redo the parent plan?

Parrish Collins answered on Apr 19, 2013

You would need to file a Motion to Modify the Parenting Plan. You would also file a SCRA with the Motion with a filing fee if the case has been inactive long enough for the clerk to close the file. To read more on New Mexico Parenting Plans, go... Read more »

2 Answers | Asked in Personal Injury for New Mexico on

Q: Can I add lost wages to my personal injury law suit ?

Parrish Collins answered on May 18, 2012

Referring only to New Mexico, you can recover lost wages. In fact, in cases of serious injury with permanent injuries and disability or wrongful death cases, the lost wage claims may represent a significant portion of the recovery.

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2 Answers | Asked in Personal Injury for New Mexico on

Q: Do I need an attorney to file a notice of claim against the city?

A city employee totaled my car, and my daughter, who was driving, was injured and is receiving medical care. I was told that I have 90 days in which to file a notice of claim under NM statute 41-4-16 if I believe that the medical expenses will exceed the allowed coverage under my auto insurance... Read more »

Parrish Collins answered on May 17, 2012

You do not need an attorney. However, it is advisable to have an attorney. There are specific notice requirements under the Tort Claims Act. It is important to meet the notice requirements. This must be done within 90 days of the accident or 6 months in case of wrongful death. The requirement... Read more »

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