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New Mexico Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for New Mexico on
Q: Are gross receipts tax taken out of the settlement for wrongful death?
Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. I'm sorry your question remains open - one option might be to expand the category to include "Tax Law." Good luck

1 Answer | Asked in Wrongful Death and Criminal Law for New Mexico on
Q: Can a first-degree murder in Farmington, New Mexico get out and bomb Even if she don’t pull the trigger
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In New Mexico, as in many states, a person can be found guilty of first-degree murder even if they did not physically commit the act, if they were an accomplice or played a significant role in the planning or execution of the crime. This is known as "felony murder" or "accomplice... View More

1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Wrongful Death for New Mexico on
Q: What happens if a Dr signs release forms after a successful procedure and the patient winds up dying

My father had a feeding tube put in and they said there was no complications and they even signed release forms but not even 48 hrs later he died of internal bleeding. He had told the nurse that his stomach was hurting and nothing was done also he mentioned that they didn't know what was wrong... View More

Joel Gary Selik
Joel Gary Selik
answered on May 2, 2023

I am so sorry for your loss.

You should Consult with experienced attorneys. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. This sounds like it could be malpractice.

1 Answer | Asked in Car Accidents and Wrongful Death for New Mexico on
Q: My son was in a rollover accident he was the passenger and both people in vehicle where ejected and died

It was a single car accident can I sue for wrongful death I'm his mom he was 29

Mark Caruso
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Mark Caruso
answered on Jun 20, 2022

My name is Mark Caruso with Caruso Law Offices, and I would like to answer your questions.

Yes you can bring a claim on behalf of your son. Because your son was a passenger and not at fault for the crash, you can sue on behalf of his estate. First, you would need to get appointed as the...
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1 Answer | Asked in Criminal Law and Wrongful Death for New Mexico on
Q: Firstdegreemurder (wilful& deliberate) 30-2-1(A)(1)FC and.30-31-23(A)&(F) possession of a controlled substance F4

But it was an accidental shooting is there anyway of helping this person receive a more lenient sentence?

Stephen Aarons
Stephen Aarons
answered on Oct 19, 2020

Yes, hiring an experienced defense lawyer to take this to trial. First degree murder carries a minimum of 30 years with no good time, and even after 30 years very few convicted murderers ever get released on parole. By contrast, an accidental shooting with a firearm enhancement carries one to seven... View More

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for New Mexico on
Q: Animal control hit my dog causing him with a serious injury. Then my dog passed away the next day. Could I sue them?

The speed limit where I live is 10mph there is no way they could’ve hit my dog that hard if they were going the speed limit.

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2018

A number of issues the biggest of which is all they owe you is the market value of your dog, not the emotional value. I don't see it, but feel free to ask other attorneys

1 Answer | Asked in Wrongful Death for New Mexico on
Q: My mother passed away after using drugs for several days with her partner. Who then went her off to work knowingly

My mom and her boyfriend were heavily using cocaine after four days of not stop he sent her to work knowingly she had not slept and had been using within five min she died of an over dose. He is on probation and should not of been using..

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

Not sure what your question is. Charging him is up to the DA. Suing him is not an option because as an addict he has nothing.

1 Answer | Asked in Wrongful Death for New Mexico on
Q: Hi my bother was killed in nov of 2015 cops wouldnt give me anything just letter saying it was justified

I have been doing alot of my own research and come across papers saying they edit things and the one i came across is the one that didnt get edit and they knew who he was and just shot him emptying clips and reloading another but im in nm and would want to see if someone would help me thats in... View More

Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

First there would have been an autopsy. That should say something about the shots in the body. Second you need to contact the Civil Liberties Union for whatever state it happened. Ask for their "cooperating attorneys" for "police misconduct" cases. They will give you free... View More

1 Answer | Asked in Wrongful Death for New Mexico on
Q: i am llooking for an attorney in Albuquerque that will take a case on wrongful death pro bono
Peter N. Munsing
Peter N. Munsing
answered on May 3, 2017

Look for members of the N.Mexico Assn for Justice--they give free consults, take cases on a contingent fee.

1 Answer | Asked in Wrongful Death for New Mexico on
Q: Attention Peter Munsing:..I dont understand why I cant sue the owner of the company? They were never safety concious!

The owner if said company at fault never held safety meetings, worked my son 70 hrs a week, made him work under dangerous conditions, lacked safety equipment while out in the field, made him do a railroad crossing with NO PERMITS and NO FLAGMEN! These are just a few of the things that took place in... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 21, 2016

The answer, as I thought I had said, was that as part of the creation of the workers compensation system employers were off the hook for being sued unless it was actually intentional. I represented the estate of a 15 year old who was employed illegally to operate a forklift with no brake pedal,... View More

1 Answer | Asked in Wrongful Death for New Mexico on
Q: Do I need Osha report and medical examiner reports and police reports in order to file a wrongful death suit?

My son was electrocuted oct 25..on the job in McKinney Texas..he was 29 yrs old

Peter N. Munsing
Peter N. Munsing
answered on Nov 14, 2016

No, but they'd help identify parties other than workplace. You really need to get with a member of the Texas Trial Lawyers Assn who handles workplace product liability actions (you can't sue the employer because of workers comp--why they enacted it). TTLA members give free consults.

1 Answer | Asked in Personal Injury and Wrongful Death for New Mexico on
Q: What can we do about a Roadside Memorial that's been defaced after only 4mnths of being put up.

I put a roadside memorial for My Beloved Nephew in Feb.of 2016,& 4months(July 2016)later it gets tooken down. I don't know why! But I have lived in Abq.4bout 9-10 yrs. and Iv seen plenty of'Descansos'up 4plenty of yrs.I always admired the love & respect the families... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2016

Probably it is on private property and they don't want it? You don't have a right to put up a memorial anywhere someone dies. On county or state roads they can allow them but aren't required to.

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