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New Mexico Personal Injury Questions & Answers
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... View 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... View 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.

Slate James Stern
Slate James Stern
answered on Jun 7, 2021

The answer to your question would depend on the circumstances of the fall. Did the fall occur because through your own fault or the installers fault? Was the installer professionally hired to undertake the work? Did he have worker's compensation insurance. Without more information,... View 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... View 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... View 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... View 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... View More

Mark Caruso
PREMIUM
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... View 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... View 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... View 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... View 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.

1 Answer | Asked in Consumer Law, Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: Can you help me to locate an attorney to represent myself or my family members in the opiate epidemic class action?

I am seeking compensation against the manufacturers of hydrocodone for reimbursement for my family in paying for extended rehabilitation efforts following opiate addiction.

Deena L. Buchanan
Deena L. Buchanan
answered on Dec 12, 2019

Yes, there are lawyers taking these cases. You can contact any of us who practice in the area of personal injury, particularly those who advertise experience in class action or pharmaceutical litigation.

1 Answer | Asked in Personal Injury and Civil Rights for New Mexico on
Q: False arrest wrongful imprisonment Statue limitations lawsuit
Gary Kollin
Gary Kollin
answered on Nov 4, 2019

Thank you for sharing. No question asked

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: What should happen to a driver that hits a pedestrian. Driver admitted to not paying attention due to texting.

My wife and I were both walking into Sam’s and a lady was texting and hit myself and wife. I was tapped by the car but my wife was hit with more force and thrown. My wife was taken to the hospital, the driver gave a statement and was allowed to leave. I haven’t seen the report yet so I don’t... View More

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2019

I hope the two of you are okay and that your wife is recovering from being thrown by the car. If she is contemplating a claim, your wife should speak with an attorney without delay. Most attorneys who handle these types of cases offer free initial consults. Obtain the police report and find out if... View More

1 Answer | Asked in Personal Injury for New Mexico on
Q: Church case. Need to ID abuser. Early 80s. Can I just ask the church? Would that damage anything?

I need to ID the one who molested me in early 80s. Church is currently being sued by over 4 all claiming a different abuser(same for all 4 different from mine). I don’t know how to go about this and don’t want to damage anything

Deena L. Buchanan
Deena L. Buchanan
answered on Jun 29, 2019

You should speak to a personal injury attorney about this. If you are able to bring the claim within the statute of limitations, you could sue the church and get discovery from the church that could help you get information about the individual who abused you.

There are deadlines that...
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2 Answers | Asked in Medical Malpractice and Personal Injury for New Mexico on
Q: I had 2 hernia repairs since colon cancer surgery in 2014. Now I have been diagnosed with another hernia. Can I sue?

Colon cancer surgery with complications resulting in an ostomy bag placement for 9 months. Since the removal of the ostomy bag, I have experienced 1 hernia repair and 1 hernia repair with a mesh. Recently, I have been told that I have another hernia in the same location.

Peter N. Munsing
Peter N. Munsing
answered on Feb 4, 2019

Possibly though much depends on the situation of the tissue following the cancer surgery etc.

Contact attorney James Ronca in Philadelphia. You may use my name.

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1 Answer | Asked in Personal Injury for New Mexico on
Q: My son is doing 3 years he has done his time has 30 days left. Still no interstate compact. Help

My husband and I went to Roswell for his job. I started interstate compact. Because no family or support for son in strange place! We are all here to help and support him! He has ubscounded twice to come home. Please help! Someone dropped the ball! And they want to let him out yet AGAIN. In N M.... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 4, 2018

PROSPECTIVE CLIENTS WOULDN’T CALL A DOCTOR FOR A DIAGNOSIS VIA THE PHONE/EMAIL YET THEY DON’T REALIZE THEY ARE DOING THE SAME THING WHEN THEY CALL/EMAIL A LAWYER TO ANSWER TO A LEGAL QUESTION.

IN MOST INSTANCES A LAWYER SHOULD NOT ANSWER A QUESTION WITHOUT GETTING ALL THE INFORMATION. I...
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