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New Mexico Personal Injury Questions & Answers
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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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 consults.

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...
Read more »

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... 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 »

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