Questions Answered by Parrish Collins

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

2 Answers | Asked in Probate for New Mexico on
Answered on Nov 8, 2013
Parrish Collins' answer
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 lawsuit.

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

1 Answer | Asked in Criminal Law for New Mexico on
Answered on Oct 9, 2013
Parrish Collins' answer
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.

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

1 Answer | Asked in Divorce for New Mexico on
Answered on Oct 2, 2013
Parrish Collins' answer
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 before any anticipated move. Finally, it is entirely possible that the court would refuse the request/motion to relocate so this is something that should be anticipated just in case.

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

1 Answer | Asked in Personal Injury for New Mexico on
Answered on Sep 20, 2013
Parrish Collins' answer
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 food. There may be other lawyers that would see the case differently.

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

2 Answers | Asked in Personal Injury for New Mexico on
Answered on Apr 24, 2013
Parrish Collins' answer
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.

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

1 Answer | Asked in Family Law for New Mexico on
Answered on Apr 19, 2013
Parrish Collins' answer
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 here:

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

2 Answers | Asked in Personal Injury for New Mexico on
Answered on May 18, 2012
Parrish Collins' answer
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.

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

2 Answers | Asked in Personal Injury for New Mexico on
Answered on May 17, 2012
Parrish Collins' answer
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 is quite rigid and missing the deadline will bar your claim. Finally, you contact an attorney immediately. Few attorneys will take a case or even discuss it on the eve of or anywhere close to such a...

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