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New Mexico Personal Injury Questions & 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
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.

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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
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
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
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.

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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
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...
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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
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...
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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
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
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.

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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
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 »

1 Answer | Asked in Personal Injury and Wrongful Death for New Mexico on
Q: What can we do about a Roadside Memorial that's been defaced after only 4mnths of being put up.

I put a roadside memorial for My Beloved Nephew in Feb.of 2016,& 4months(July 2016)later it gets tooken down. I don't know why! But I have lived in Abq.4bout 9-10 yrs. and Iv seen plenty of'Descansos'up 4plenty of yrs.I always admired the love & respect the families give/show.So I don't understand... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2016

Probably it is on private property and they don't want it? You don't have a right to put up a memorial anywhere someone dies. On county or state roads they can allow them but aren't required to.

1 Answer | Asked in Personal Injury for New Mexico on
Q: help me with a lawsuit against metro detention center for violation my rights they broke my ribs the co admtted excessi

Co admitted kneeing me ive got 9 days left to put a tort claim in and i got medical records and police report and incident report but I don't know who tip send it to state county city i need help please

Marshall Jason Ray
Marshall Jason Ray answered on May 7, 2016

You should reach out to a private attorney for a consultation so that you can be advised on what you need to do and what types of claims you may bring. Many attorneys offer free consultations.

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for New Mexico on
Q: Can I do a tort claim for compensation of property lost by the local police department
Marshall Jason Ray
Marshall Jason Ray answered on Apr 26, 2016

You would need to provide more details. While a tort claim is probably not the avenue, there usually is a process for taking inventory and providing a receipt of voucher of property taken. There can be many breakdowns in that process. Alternatively, depending on the facts, the property might be... Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for New Mexico on
Q: While in my yard, my dog jumped against the brick wall, his head got over, and bit someone. What's my liability?

The person in question was walking to a communal mail box and there is about 3-4 feet of space between the wall and mail box. He got too close to the wall and was bit. The dog has never bit anyone before and has been located in the same part of the yard for over 2 years--so the person being bit has... Read more »

David Alan Wolf
David Alan Wolf answered on Apr 24, 2016

It appears that New Mexico does not have a dog bite statute in place for strict liability. The dog bite victim will need to show a prior dog bite OR negligence on the part of the dog owner. The victim could argue that you knew or should have known of the dog's aggressiveness and dangerous... Read more »

2 Answers | Asked in Personal Injury for New Mexico on
Q: What type of case is best for a personal injury against a business when you don't have the money to put upfront?

My mother tripped over the parking lot curb stop because a piece of re-bar was sticking up. She broke her teeth, shattered her nose and now her vision seems to be impaired.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 16, 2016

This would be a premises liability case, and like most personal injury cases, attorneys tend to handle these on a contingency basis. That means you should not have to put up money up front (be cautious if an attorney asks, as that would tend to indicate they do not feel strongly about your chances... Read more »

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1 Answer | Asked in Personal Injury for New Mexico on
Q: Can I file a personal injury lawsuit againt a child who intentionally broke her leg at school?

This injury caused her to be absent from school for about 3 months.

Adam Studnicki
Adam Studnicki answered on Feb 12, 2016

More information is needed. Talk to a local personal injury lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible...
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1 Answer | Asked in Personal Injury for New Mexico on
Q: How long do I have before I can no longer file a report on damage property?
Adam Studnicki
Adam Studnicki answered on Oct 3, 2015

Police report? Insurance report? Lawsuit? Incident report at a store? Incident report at work? More information is needed to answer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal...
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1 Answer | Asked in Personal Injury for New Mexico on
Q: I found a sharp piece of plastic in my food. The insurance company denied my claim. What should I do?
Parrish Collins
Parrish Collins answered on Sep 20, 2013

For there to be a claim, there must be damages. This means that you must have been harmed. There is no indication of physical injuries so presumably the injuries are emotional in nature. Our firm would not take on a claim involving purely emotional injuries associated with plastic found in... Read more »

2 Answers | Asked in Personal Injury for New Mexico on
Q: A family member was hit in the face with a whisky bottle. What kind of lawyer should member retain?

Many teeth are chipped and one was knocked out along with many cuts and major bruising. Is this grounds for a felony charge?

Parrish Collins
Parrish Collins answered on Apr 24, 2013

You should be talking with personal injury lawyers if you are seeking to recover damages (i.e. money) for your family member's injuries. If you are looking to file criminal charges, then you would file the a police report.

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1 Answer | Asked in Personal Injury for New Mexico on
Q: Is restitution allowed in addition to bodily injury liability payments?
Mark Caruso
Mark Caruso answered on Apr 22, 2013

You cannot get double recovery on your claim.

1 Answer | Asked in Personal Injury for New Mexico on
Q: What is the statuate of limitations on damage to property of a household member?
Mark Caruso
Mark Caruso answered on Apr 22, 2013

The statute of limitation for damage claims is 3 years. An exception is when the claim for damages is against a governmental entity such as the state, county, city, school when the statute of limitations is 2 years.

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