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New Mexico Personal Injury Questions & Answers
0 Answers | Asked in Consumer Law, Personal Injury, Constitutional Law and Medical Malpractice for New Mexico on
Q: Would this be considered a case? Under what jurisdiction? Which aspects should I focus on?

Mental health patient is involuntarily placed into care with a Behavioral Health Hospital in New Mexico. He is also Covid-19 positive and an inpatient due to attempted suicide and pandemic lock-down procedure. Under the umbrella of lock-down procedure he is held under care past the psychiatric hold... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for New Mexico on
Q: Does Apartment Owe Me?

In April my apartment living room was flooded with about 1.5 inches of water while I was at work. The management deemed it a biohazard due to potential mold and I was not allowed in my apartment and essentially evicted on the spot. 5 days after the flood I got a call from management while I was at... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys to try to arrange a free initial consult for discussing a property loss claim. There are a number of issues to sort out here, in terms of insurance, records to validate the... Read more »

1 Answer | Asked in Personal Injury and Civil Rights for New Mexico on
Q: Is it illegal to trap someone in a virtual environment and not let them out?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. If the virtual environment is in the setting of a video game or something similar that the players are engaged in voluntarily, that would probably not be illegal. If the virtual environment is in the form of... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for New Mexico on
Q: I need a lawyer and I am broke

Who wants to help me Sue the mental hospital that allowed one of their employees to beat me pro bono

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 10, 2022

I cannot help you as I am only licensed in California, but a lot of attorneys take cases on a contingency fee basis, which means that you only pay legal fees when you win.

1 Answer | Asked in Personal Injury and Probate for New Mexico on
Q: New Mexico: Husband was on commission paid 60 days after earned. Is that estate or community property?

Individual debt $15,000.

Total amount in estate now is only $14,000. How to handle. More than happy to set up appt to discuss.

Also death caused by medication error—personal injury possible?

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. I'm very sorry for your loss. There are a couple of different areas of law here, and I can only speak for the medication-related issue. Most firms that handle such cases offer free initial consults. In terms... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New Mexico on
Q: Was injured at work Nov 2020 but didnt do employee injury form. "Unpaid" medical leave as "5 hrs short.

Required surgery for herniated disc Jan 2021 & never fully recovered now need more. Given less physical job but am slower & 72 yrs old. Terminated Dec '21 as said no funding for my position. Just got a disqualification from NM Workforce Solutions as said i was per diem, ( statute... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2022

I'm sorry you were treated this way following your injuries. A New Mexico attorney could advise best, but your question remains open for two weeks. Ordinarily, injuries sustained in the course of employment should be covered by workers' comp. But I am not clear on your legal capacity here... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Mexico on
Q: Can I still sue my gyno for over prescribing opioids after a botched hysterectomy in 2008 causing current addiction

My gyno prescribed me way over 400 15mg Oxycodone and 10mg Hydrocodone a MONTH. Although the insurance refused to cover more than 1 Rx a month, the Dr. kept approving them to be filled and the pharmacy filled them. This continued for over a year. I became an addict because of this negligence and am... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2022

A New Mexico attorney could advise best, but your question remains open for four weeks. I'm sorry for the impact this has had on your life. Regardless of jurisdiction, there is the inescapable problem that fourteen years have elapsed, aside from other issues. You can reach out to local law... Read more »

2 Answers | Asked in Personal Injury for New Mexico on
Q: If a ceiling fan installer falls off his ladder am I liable for his injuries?

I have 12 foot ceilings and am worried for the safety of the contractor.

Tim Akpinar
Tim Akpinar
answered on May 23, 2021

A New Mexico attorney could advise best, but your question remains open for two weeks. In such settings, the person is generally covered under workers' comp insurance. If there were factors that contributed to a fall in terms of unsafe conditions within the control of the homeowner (such as a... Read more »

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1 Answer | Asked in Personal Injury for New Mexico on
Q: What is the statute of limitations for a premise liability claim? I was assaulted by two individuals in a parking lot

The incident happened 3 years ago and I had been in therapy to work through the trauma of the attack from my physical injuries and the emotional harm that had put my career on hold.

Deena L. Buchanan
Deena L. Buchanan
answered on Apr 14, 2021

The statute of limitations for injury claims is three years in NM. If you were a minor, you have up to an extra year after you turn 18. If the claim is against the government, it is a shorter deadline.

1 Answer | Asked in Personal Injury, Car Accidents and Legal Malpractice for New Mexico on
Q: Had accident in Tx 08/19. Live in NM hired lawyer in NM it’s been over a year now attorney said I don’t practice in Tx.

NM Attorney said take final offer or find TX attorney cause he’s not licensed in TX. Just found this out after one 1/2 year of waiting for a result. No communication from the attorney. I have done all work on providing him with medical documentation. He’s done nothing. No communication and no... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2021

A Texas attorney/New Mexico attorney could advise best here, but your post remains open for two weeks. Regardless of whatever it was that caused the lapse in communication here, you should move without further delay to sort this out. Is your attorney under the impression you moved on and retained a... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: As a victim of hit and run j with great bodily harm, shouldn't I recieve summons or subpoena to give my story to courts?

The driver reported over phone 2 days later. Now she's trying to go no jury,no contest to a traffic citatipn, slap on wrist. I'm in a wheelchair now unable to walk.

Deena L. Buchanan
Deena L. Buchanan
answered on Jan 23, 2021

You can sue her in civil court. Our firm is currently representing someone in a hit and run case in Albuquerque.

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: Can I sue for someone hitting my car with there car ?

My cat went outside I live in a neighborhood. a car was driving over the speed limit hitting them an is injured can I sue for careless driving ?

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2020

A New Mexico attorney could advise best, but your question remains open for a week. As a general matter in most jurisdictions, you could. You would need to show that the other side was negligent. It could depend on how persuasive your evidence is. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury for New Mexico on
Q: Will a pool owner be liable if I teach swim lessons from their pool. I have insurance and a waiver for parents to sign

My parents own a pool and I would like to teach other children private swim lessons in it. I will carry swim instructor insurance through thimble up to 1,000,000 in coverage and have a legal waiver created by a lawyer that each parent of the child will have to sign. I want to make sure my parents... Read more »

Tyler Young
Tyler Young
answered on Jul 6, 2020

First, thank you for asking a responsible question. Many people don't ask these questions until after an event which might expose you and others to liability.

The answer to your question varies greatly depending on how an injury occurs. What if your student falls on the side of the...
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1 Answer | Asked in Personal Injury for New Mexico on
Q: If I’m considered guilty for a petty misdemeanor such as battery what are my options

Got released from jail waiting for court date wondering what to expect

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2020

This is something a criminal defense lawyer in New Mexico should advise on. Your question remains open for two weeks. You could reach out to lawyers or look into whether you qualify for a public defender.

Tim Akpinar

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for New Mexico on
Q: Hit by drunk driver, both vehicles totaled. Other driver charged with DUI and off to jail. Injuries, maybe long term.

We have her insurance info and filed a claim. Our insurance paid our vehicle off and offered us an extra almost $4500 (This does not replace the vehicle). We are still waiting, 6 days now for police report. We have lost work time, scared kids, no vehicle, and anguish to know end. We want to go... Read more »

Mark Caruso
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Mark Caruso
answered on Mar 29, 2020

I am so sorry to hear of your recent crash which was caused by a drunk driver. DWI's continue to be a real problem in our state. You can bring a personal injury claim against the driver and insurance company for all injuries suffered by you and your family. Each of you have an individual... Read more »

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1 Answer | Asked in Personal Injury for New Mexico on
Q: can i fix neighbors property and not have the property owner not responsible for any injuries to myself
Tim Akpinar
Tim Akpinar
answered on Apr 5, 2020

A New Mexico attorney could best address your question, but your post remains open for two weeks. As a general matter, it's really in your hands. If you do attempt to help neighbor, that's nice of you and I hope nothing happens to you in the course of the work. But if you did injure... Read more »

1 Answer | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for New Mexico on
Q: Can I impleader a Defendant as a co party

Civil suit case

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2020

It's possible you could. You would be best off discussing this with an attorney in New Mexico, but your post remains open for a week. As a general matter, this arises in contribution or indemnity settings, and the party you implead becomes a third-party defendant. This is covered in Rule 14 of... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for New Mexico on
Q: The other person insurance company said if I dont use the 10,000 for medical I'll lose it any way to keep what's left
Peter N. Munsing
Peter N. Munsing
answered on Jan 9, 2020

Ask your attorney. Don't have one? Look for a member of the NMex Assn for Justice in the county where it happened.

1 Answer | Asked in Gov & Administrative Law and Personal Injury for New Mexico on
Q: I need help filing a State Tort Claims Act

orking at the New Mexico State Veterans Home in Truth or Consequences and was attacked by a resident. I suffered a concussion and later found out I have psuedo seizures with PTSD. The incident occurred on August 23, 2018. I live in Meridian, MS and a attorney here has advised me to get an attorney... Read more »

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo
answered on Jan 7, 2020

I’m terribly sorry to hear of your injury.

If you are interested in suing under the NM Tort Claims Act, you need to “get moving” on this claim immediately. Unfortunately, the mandatory time period within which you must file a claim may have already passed; under N.M.S.A. 41-4-16 you...
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1 Answer | Asked in Personal Injury, Bankruptcy, Consumer Law and Products Liability for New Mexico on
Q: Searching for attorney to represent an opiod claim against Watson Pharmaceuticals, manufacturer of hydrocodone 853.
Timothy Denison
Timothy Denison
answered on Dec 23, 2019

Your local bar association or legal aid society should be able to help you.

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