Lawyers, Answer Questions  & Get Points Log In

New Mexico Personal Injury Questions & Answers

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 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...
Read more »

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 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.

View More Answers

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.... Read more »

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...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Personal Injury for New Mexico on

Q: Can I do anything legally against my mom, who abused me for 7yrs in NM. It ended when my dad began raising me on his own

My Mom was very neglectful & abusive. Both Physically and emotionally. All of This happened to me between ages 7-14. She was neglectful and abusive to her other 5children as well. She provided them drugs and Alchohol when they were only between the ages of 11-15. She specifically picked out her... Read more »

Peter N. Munsing answered on Dec 19, 2017

You can file criminal charges. You can sue her civilly but that will cost money and unless she has a lot I don't see it as doing anything except frustrating you.

1 Answer | Asked in Consumer Law and Personal Injury for New Mexico on

Q: What's the time frame to file a lawsuit against jcpenny?

Last year I was walking out of jcpenny. I was already several feet out of the doors and loss prevention stopped me and said I needed to go back inside. I refused and he then literally body slammed me outside on the pavement. Several people witnessed it. I am a female and this was a man . I... Read more »

Jeff Grandjean answered on Nov 13, 2017

I notice you are from Fort Worth but you are asking the question in New Mexico. The statute of limitations in New Mexico is three years, so you still have time. I will not state with certainty what it is in Texas, but it could be two years, if it happened in Texas I would recommend consulting an... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for New Mexico on

Q: How long after an accident can cops issue a ticket in Albuquerque

Peter N. Munsing answered on Oct 31, 2017

No set time in most jurisdictions. If you have an issue like no insurance you'd want to get that squared away without waiting for any fallout.

1 Answer | Asked in DUI / DWI, Personal Injury, Real Estate Law and Car Accidents for New Mexico on

Q: I was riding a friends ATV on their property and they hit me on their ATV. they are trying to sue me now. Can they do it

We were at a friends house and I was riding his dads bike. They had been encouraging me to ride all day and i had been saying no i just finally gave in to them and got on. Our friend that hit me had been drinking. He was playing horse shoes with my husband and in the middle of the game he stopped... Read more »

Peter N. Munsing answered on Oct 20, 2017

They can try but you can counterclaim if it gets to that.See if you are covered by your homeowners. You would have numerous defenses.

1 Answer | Asked in Personal Injury for New Mexico on

Q: If you suffer chronic migraines after a car accident can you seek damages for that?

Peter N. Munsing answered on Apr 29, 2017

You can but you will likely get more for your other injuries just because it's difficult to prove migraines and also they can come from a variety of sources. Contact a member of the NM Assn for Jucstice--they give free consultations.

1 Answer | Asked in Criminal Law, Civil Rights and Personal Injury for New Mexico on

Q: if i was arrested for a crime and taken to jail but was never booked in and posted bail 6days later can i file charges?

it took them 5 days to get me to arraignment then the judge set my bond at 5000 cash or assurity which i made bail and bonded out of a facility i was never booked in to. can i file charges against the facility for kidnapping and violating my due process rights?

Peter N. Munsing answered on Mar 31, 2017

Not kidnapping but possible civil rights. Contact the NMex Civil Liberties Union. Ask for one of their "cooperating attorneys" who handles "police misconduct" situations.

1 Answer | Asked in Health Care Law, Medical Malpractice, Personal Injury and Car Accidents for New Mexico on

Q: Can I sue the NM Medical Board, State of New Mexico & other medical authorities for neglecting to address proper care?

I am permanently disabled from a motorcycle vs. drunk driver in a van in 1986, where I received multiple serious injuries and came very close to death. Leg tore to shreds, vertical fracture of my pelvis (split in half), crushed hand, broken arm. I worked hard to recover and rehabilitate, all the... Read more »

Peter N. Munsing answered on Mar 29, 2017

Short answer is no. Courts don't tell administrative agencies what to do, and it's within their discretion. However, if your problem is getting a rehab plan or similar going, you will want to contact a group that deals with pain like the cancer socieity for your state, etc.

2 Answers | Asked in Car Accidents and Personal Injury for New Mexico on

Q: What is a standard Pain and Suffering settlement for a shoulder injury following auto accident

I was injured in an auto accident about 1 year ago. I have progressed through doctor appointments, physical therapy and cortisone shots and still have remaining pain and limited motion. The insurance company wants to settle the claim. I need to understand what might be a fair settlement.

Joshua Bradley answered on Feb 10, 2017

There are many factors that go into what a fair settlement will be--and, every case varies. It seems you have had extensive medical treatment, but you have unresolved issues as well. There are many issues you need to weigh before coming to a settlement with an insurance company. You also have to... Read more »

View More Answers

2 Answers | Asked in Personal Injury for New Mexico on

Q: Would arbitration ever be preferable to a lawsuit in a personal injury case involving a car accident where both people

are at fault?

Mark Caruso answered on Feb 1, 2017

I think you are asking whether an arbitration is preferable to a jury trial. Arbitrations are typically much less expensive, quicker and easier than a jury trial. An arbitration is typically done before a single arbitrator or group of arbitrators and is typically completed in less than one day.

View More Answers

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on

Q: Had a car accident in june, someone Hit my parked car with his huge trailer. . Was in Florida. Usaa paid for my car.

I had pain for 7 Weeks and was 6 Tims by physical therapy because my doc said a spine disc make pressure on my nerve and headache and neckpain.e. usaa offers 250$ pain and suffering money.is this realistic?

Peter N. Munsing answered on Dec 12, 2016

No, but you were doing it yourself. Contact a member of the Fla. Justice Assn--they give free consults.

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on

Q: Had a car accident in june, someone Hit my parked car with his huge trailer. . Was in Florida. Usaa paid for my car.

I had pain for 7 Weeks and was 6 Tims by physical therapy because my doc said a spine disc make pressure on my nerve and headache and neckpain.e. usaa offers 250$ pain and suffering money.is this realistic?

Peter N. Munsing answered on Dec 12, 2016

No but that's why you need an attorney. You've tried the do-it-yourself bit. Now contact a member of the Florida Justice Assn.They give free consults.

2 Answers | Asked in Personal Injury for New Mexico on

Q: Is there a cap on punitive damage awards in the state of New Mexico, and if so, what is that amount?

Peter N. Munsing answered on Nov 21, 2016

Worry about the case, not the cap. Don't even focus on punitives. Get a consult from a member of the New Mexico Trial Lawyers Addn and Foundation--they give free consults.

View More Answers

1 Answer | Asked in Personal Injury and Workers' Compensation for New Mexico on

Q: My wife was injured in Montana, had an assesment done that has her at 7% whole body impairment. Insurance denied claim

because she moved to New Mexico. Is there a statute that makes that ok, or do we have a legitimate cause? We have a mediation set up for later this month, but I want to be sure that we aren't kicking a dead horse.

Peter N. Munsing answered on Oct 13, 2016

I assume you have an attorney. Your moving doesn't have squat to do with an injury claim as long as she got follow up treatment which documents she stillhas issues.

IF you don't have an attorney at least get a consult with a member of the Montana Trial Lawyers Assn --they give free...
Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for New Mexico on

Q: If a person puts their hand in the window of my car or over the top of my convertable and my dog, a Doberman bites them

Is it my responsability?

Peter N. Munsing answered on Oct 4, 2016

Likely no, but report it to your homeowners insurance (& car insurance) just in case--let them deal with it.

If they stuck their hand in, likely you are not guilty of anything, Over the top is a bit different, possibly, depending on what they were doing. Hopefully you don't have a Doberman...
Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Civil Rights for New Mexico on

Q: How do I find the notes of decision annotation section for each New Mexico statute and Rule annotations online

I use the notes of decision and the committee commentaries for each New Mexico statute and rules annotated to compare case laws already decided by the New Mexico courts to formulate and support my arguments however I can't find them online with the case laws that I search for please give me... Read more »

Paul Stanko answered on Sep 24, 2016

I am confused by your question. If you are a lawyer or paralegal, you would already know how to do legal research, and would not be asking the question. If you are a pro se litigant, you can find a great deal of information right here at Justia (and some other sites, as well). You mention... Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for New Mexico on

Q: I got a little burn at work nothing big at all , can I refuse medical treatment on my behalf if I can

If I have to go to a hospital can i refuse medical treatment

Peter N. Munsing answered on Sep 20, 2016

Get it seen to. Why? Because unlike health insurance there's no deductible or copay. If the burn gets infected you'll pay;.

not sure why the reticence but get it checked out.

View More Answers

1 Answer | Asked in Legal Malpractice, Business Law and Personal Injury for New Mexico on

Q: What is my liability and best practices as an licensed professional clinical counselor, minister and hands-on healer?

I have releases/legal docs for both LPCC and hands-on healer. Concerned if there is a liability with the State Board, Scope of Practice, Insurance Companies, asking and quoting/sharing hand-on healing results and testimonials.

Peter N. Munsing answered on Aug 21, 2016

Look at what boards govern what activities. Problem is when you collect money. Need to see how your state treats such things-with all the crystal therapy etc should be some statement you can use stating that none of it is medically prove, that if they continue to have symptoms they should follow up... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.