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New Mexico Questions & Answers
1 Answer | Asked in Medical Malpractice for New Mexico on
Q: here is our story can you help us? I believe we have a medical malpractice case.

We took our 14 year old daughter on June 26, 2020 to our local emergency Room Gerald Champion because she had swallowed a plastic water bottle lid our local emergency Room basically took x-rays told her she'd pass it if she hadn't already told her to take more fiber and more water and... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 13, 2020

A New Mexico attorney could advise best, but your question remains open for two weeks. I'm sorry for the ordeal your daughter and your family went through. Despite what all of you went through due to the emergency room's original diagnosis, it could be difficult to bring a case based on... Read more »

2 Answers | Asked in Intellectual Property for New Mexico on
Q: How do I assign my patent in aerospace to Airbus. This patent has the potential of revolutionizing air travel.
William Scott Goldman
William Scott Goldman answered on Jul 10, 2020

Well, if Airbus has expressed interest and you've already negotiated a purchase agreement, then one of the patent lawyers on this site should be able to assist with drafting the assignment.

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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... Read 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 Real Estate Law for New Mexico on
Q: We have a signed contract of sale and we have deposited $80,000 into escrow. We were scheduled to close yesterday but

the seller kept delaying with all kinds of excuses. On Sunday, 6/28 she asked to delay closing for a couple of weeks. We agreed and I immediately emailed Pioneer Title in Alamogordo informing them that she wanted to delay closing. On monday, 6/29 the seller texted that she was canceling the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 1, 2020

Read your sale contract first. If you want the property and it does not appear the seller can disregard the sale, then hire a competent attorney to sue for specific performance. File suit while the earnest money is still in escrow, with the escrowee an included party (plaintiff or defendant).

1 Answer | Asked in Immigration Law for New Mexico on
Q: Need help with Marriage based visa

Hi, I’m a US citizen and fiancé is not.He lived in the US for 2 years and had filed for asylum and before he got the interview the leader in his country was removed from power and situation had normalized so he went back a few months later.He did not do was notifying the USCIS that he was... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jun 15, 2020

The general rule is that a bona fide asylum applicant does not accrue unlawful presence while his application is pending. There’s exceptions to this rule so more info is needed. Discuss with counsel anywhere in the USA.

1 Answer | Asked in Uncategorized for New Mexico on
Q: I lent my friend my vehicle last week and she refuses to return it

The vehicle is in my name

William Jaksa
William Jaksa answered on Jun 8, 2020

Call the police and report this. It's best that they hear it from you sooner rather than later. You are liable for road tolls, auto accidents, traffic and parking tickets.

1 Answer | Asked in Car Accidents and Criminal Law for New Mexico on
Q: Keying someone's car is coincided vandalism, what charges I'm I facing up against..
Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

If you were charged you would know. Generally, vandalism, malicious destruction of property would be two of them. There may be others.

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

1 Answer | Asked in Estate Planning for New Mexico on
Q: I’m in New Mexico . Is living revocable trust protect me from a spouse and give everything to my son ?

Can I put down no contest in my trust in case of divorce my spouse cannot take my assists from my living revocable trust

Nina Whitehurst
Nina Whitehurst answered on May 13, 2020

A revocable living trust created by you will not protect the assets in it from your spouse in the event of divorce.

1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Arbitration / Mediation Law for New Mexico on
Q: In new mexico, after fee arbitration fails, which court handles the appeals, district or magistrate?

Had arbitration through NM Bar for attorney/client dispute over fees. Was never given a fee agreement and paid cash to the attorney, Went to arbitration under a voluntary attorney assigned by the bar. Arbitrator ruled against me , I objected to the matter, I am being ignored and have received no... Read more »

Charles William Michaels
Charles William Michaels answered on May 5, 2020

It depends on if the arbitration agreement or arbitration procedure provides for any appeal, most do not. If any appeal is to be filed, I would say New Mexico trial court, but I have no experience with NM arbitration rules.

1 Answer | Asked in Employment Law and Health Care Law for New Mexico on
Q: Is non-compete enforceable?

I am an SLP who works for a company based out of state but I live in Albuquerque and work for APS through them. In a covenants/provisions clause of my contract, I am not to work for APS for 12 months after my contract expires. I feel this is unreasonable since APS is the only public school in the... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 29, 2020

Non-competes, generally speaking, are enforceable. There are factors a court takes into account to determine if they are too restrictive and thus, unenforceable. This varies state to state. I would recommend reaching out to an employment lawyer in your state for a consultation.

1 Answer | Asked in Probate and Estate Planning for New Mexico on
Q: My sister passed away and her things are at her boyfriend's house but he won't give them to me voluntarily.

They are not married and he has pawned several things already and she did not leave a will. She also has a husband who is incarcerated but gave me power of attorney of her and her property.

Nina Whitehurst
Nina Whitehurst answered on Apr 20, 2020

The power of attorney expired when your sister died. You now need to go to court to be appointed as executor of her estate. As executor you will have the power of the court behind you when you demand that the boyfriend turn over her property, and you can also sue him for the value of the property... Read more »

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: How far would it go in the court system.

Have been telling Dr for a week wife has preeclampsia. Last two days she been in labor. She was having contractions every 4-5 min was released with 1.5 hour drive home. Her water broke and we returned dr won’t even see her for another 8 hrs on what should be an emergency c-section. Nurse has... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 12, 2020

This is a complex scenario and you await a response for four weeks. The best thing you could do as a first step would be to contact a med mal attorney in New Mexico. Many offer free initial consults. If upon further discussion of the matter, they determine your wife has the basis for a case, they... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Intellectual Property for New Mexico on
Q: Why can't I find an attorney to take my case. City Council is going to demolish my home for no reason.

I have 4 different licensed contractors say it doesn't need to be demolished. I had 2 licensed contractor try to pull a permit and was denied. I just want to remodel this home and live in it. I go to court tomorrow, on city wanting to dismiss it. My hearing is set for April 9th, if it's... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 12, 2020

If you had your April 9th hearing already, it could be a moot point, but attorneys might be apprehensive about charging for services where they have difficulty in predicting an outcome. You could keep trying. Another issue is that the health crisis has paralyzed court operations and professional... Read more »

1 Answer | Asked in Family Law for New Mexico on
Q: Child support was modified and agreed upon in court a week ago after 9 years. He is now filing for primary custody.

Should I hire an attorney or respond pro se?

Gary William Boyle
Gary William Boyle answered on Apr 7, 2020

You should probably retain qualified counsel experienced in custody disputes. Any decision the Court makes regarding time sharing at this point may be binding unless there is a material change in circumstances in the future. You will have a much better chance of protecting your child's... Read more »

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 Criminal Law for New Mexico on
Q: What is the maximum penalty in NM for attempting to elude and failure to comply to probation orders?
Marc Grano
Marc Grano answered on Mar 20, 2020

You will need to sit down and talk with an attorney to review, assess and advise on any specific case. He/she would need to review the specifics of the plea agreement that placed the person on probation as well as the specifics of any new allegations. The attorney would also need to know the... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: Someone barrows your car they wreck into a building are you responsible for paying damages
Tim Akpinar
Tim Akpinar answered on Mar 19, 2020

It would be best if a New Mexico attorney advised here, but you await an answer for two weeks, and there are certain things you need to do without delay. In most jurisdictions, the owner, as well as the operator, can be sued. Hopefully, your insurance will cover the loss. From the serious damage... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there a statue of limitations on probation violations in New Mexico.

If someone violates their probation, and it's not caught until after the probation period is over can they court issue a warrant or is there a statue of limitation on that?

Marc Grano
Marc Grano answered on Mar 4, 2020

I would recommend that you talk directly to an attorney who can review and assess the specifics of the case. I will offer a very generic answer given the following assumed facts:

1. In New Mexico State court

2. The probationer is an adult

3. The probationary period...
Read more »

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