Lawyers, Answer Questions  & Get Points Log In
New Mexico Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: Can I sue for someone hitting my car with there car ?

My cat went outside I live in a neighborhood. a car was driving over the speed limit hitting them an is injured can I sue for careless driving ?

Tim Akpinar
Tim Akpinar answered on Aug 17, 2020

A New Mexico attorney could advise best, but your question remains open for a week. As a general matter in most jurisdictions, you could. You would need to show that the other side was negligent. It could depend on how persuasive your evidence is. Good luck

Tim Akpinar

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...
Read more »

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 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 »

View More Answers

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...
Read more »

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...
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
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
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
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.

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.