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New Mexico Personal Injury Questions & Answers
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 »

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
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 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.

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... Read 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... Read 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.... Read more »

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


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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
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
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
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
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
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
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
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
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 »

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