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New Mexico Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Civil Rights for New Mexico on
Q: If I got a video of being accused of stealing and the employee looked in my girlfriend's purse and nothing assaulted me

And as I was recording him look in my girlfriends purse he walks away then turns around and smacked the phone out my hand and I got a video of it what can I do

James L. Arrasmith
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answered on Jan 18, 2024

If you have a video showing an employee accusing you of stealing, searching your girlfriend's purse without consent, and then assaulting you by smacking your phone away, you have several options. Firstly, it's important to keep the video safe as it is crucial evidence of the incident.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for New Mexico on
Q: can police stop a vehicle looking for someone with a warrant without seeing them in the car nor a traffic violation NM

the vehicle is not registered to person with the warrant

James L. Arrasmith
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answered on Jan 18, 2024

In New Mexico, as in other states, police generally need a valid reason to stop a vehicle. This can be a traffic violation or reasonable suspicion that a crime is being, has been, or is about to be committed. If the police are looking for someone with a warrant, they typically need some basis to... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Medical Malpractice for New Mexico on
Q: What can I do about being given medication without consent during a mental evaluation involuntary at an ER room NM

And permanent injury did occur

James L. Arrasmith
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answered on Jan 18, 2024

If you believe that you were given medication without your consent during an involuntary mental evaluation in an ER in New Mexico, and this led to permanent injury, you may have grounds for legal action. In healthcare, patient consent is a fundamental principle, especially when it comes to... View More

1 Answer | Asked in Criminal Law, Employment Law, Tax Law and Personal Injury for New Mexico on
Q: employer keep $190.000 in unpaid overtime and $59,000 in wage theft. How can I place criminal charges on them in NM ?

Gross wage theft, unpaid overtime, retaliation, eviction, disposal of personal belongings, 2 years plus of employment, and rent was deducted from pay check. While on call 24/7, they did not pay taxes and more.

James L. Arrasmith
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answered on Dec 25, 2023

In New Mexico, if you're dealing with unpaid overtime, wage theft, and other employment-related issues, there are several steps you can take. First, consider filing a wage claim with the New Mexico Department of Workforce Solutions. This department handles wage disputes and can investigate... View More

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: What happens if I plea guilty to not having insurance after getting into an accident and the other party wasnt hurt

I got into an auto accident without active insurance in my sisters car with no injury or damage to the other party but damage and injury to her car myself my mom and partner

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A New Mexico attorney could advise best, but your question remains open for three weeks. The question was probably overlooked under Personal Injury and Car Accident headings. A criminal defense attorney should advise on matters involving pleas, not attorneys who handle civil cases for accidents. By... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for New Mexico on
Q: I can't get a lawyer/firm to take my case.My 66yr wife had heart surg. Later they found bloodclot in arm,so they cut off
Joel Gary Selik
Joel Gary Selik
answered on Nov 26, 2023

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.

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1 Answer | Asked in Personal Injury and Medical Malpractice for New Mexico on
Q: I'm in Albuquerque new Mexico and I need a serious lawyer I still haven't been diagnosed or treated for my illness that

A ceiling fell on me while in the shower at a hotel. A housing program had me in that room for 17 weeks. That was October 2019

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

This seems to be more of a medical issue than a legal issue. Go your your PCP and, if necessary, ask for a referral to a specialist concerning the symptoms of your illness. Lawyers depend on medical experts for their opinions and conclusions regarding illnesses which may be attributable to... View More

1 Answer | Asked in Personal Injury for New Mexico on
Q: I need help deciphering 2 paragraphs of a release form the author refuses to elaborate or explain. Pls help me

I can send a screen pic to you

Pls help me. Thx

Tim Akpinar
Tim Akpinar
answered on May 11, 2023

A New Mexico attorney could advise best, but your question remains open for two weeks. This forum is only set up for basic Q & A. It isn't set up for uploading attachments, such as releases or other documents. You could try to arrange a brief consult to review the release with an attorney.... View More

1 Answer | Asked in Personal Injury for New Mexico on
Q: I have settled a case and now I have to sign a release form but I don’t understand the 2 paragraphs legal verbiage. Can

Can you explain it to me if I send you a copy ?

Tim Akpinar
Tim Akpinar
answered on May 5, 2023

A New Mexico attorney could advise best, but your question remains open for two weeks. However, the format here is brief, general legal questions. Something involving review of forms, documents, or other attachments is beyond the limited Q & A scope here. One option may be to reach out to local... 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 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... View 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... View 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... View 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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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... View 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... View 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... View 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... 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.

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