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New Mexico Personal Injury Questions & Answers
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.

2 Answers | Asked in Personal Injury for New Mexico on
Q: Can your lawyer give u an advance on your settlement
Mark Caruso
Mark Caruso answered on Apr 22, 2013

NO. The Rules of Professional Responsibility for the State of NM prohibit a direct advancement of cash or other benefit to a client. The only exception is for litigation and case expenses and costs. However, an attorney in NM is permitted to sign a protection agreement between a client and a... Read more »

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2 Answers | Asked in Personal Injury for New Mexico on
Q: Can i sue a direct tv employee who assaulted me with a 2 1/4" metal pipe that was 5 ft long during a road rage incident?
Brian F Davis
Brian F Davis answered on Jan 24, 2013

Yes, you certainly can sue that person and Direct TV. If the person who assaulted you was driving the vehicle as part of their employment, then his employer may be legally liable for his bad conduct, particularly if the employee has a history of such behavior. Documentation is the key in civil... Read more »

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1 Answer | Asked in Personal Injury for New Mexico on
Q: Do the courts award for gross wages or net wages in an accident injury settlement

I was injured in a trucking accident in which my student was driving my leased truck.he was a company student and i was leased on to the company.

Timothy J. Deffet
Timothy J. Deffet answered on Aug 3, 2012

You should consult a New Mexico personal injury attorney immediately to assess your case. I am sure that I can answer this question for you. Normally speaking, lost wages are considered "economic damages" that can be potentially recovered at trial if you get a verdict in your favor. I am... Read more »

2 Answers | Asked in Personal Injury for New Mexico on
Q: Can I add lost wages to my personal injury law suit ?
Parrish Collins
Parrish Collins answered on May 18, 2012

Referring only to New Mexico, you can recover lost wages. In fact, in cases of serious injury with permanent injuries and disability or wrongful death cases, the lost wage claims may represent a significant portion of the recovery.

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2 Answers | Asked in Personal Injury for New Mexico on
Q: Do I need an attorney to file a notice of claim against the city?

A city employee totaled my car, and my daughter, who was driving, was injured and is receiving medical care. I was told that I have 90 days in which to file a notice of claim under NM statute 41-4-16 if I believe that the medical expenses will exceed the allowed coverage under my auto insurance... Read more »

Terrence Rubino
Terrence Rubino answered on Aug 22, 2011

you should obtain a lawyer in NM to do the case. idk NM law but can assure you that indiana has a similar statute and it is filled with problems for the unwary. if the notice doesn't comply with your statute it may be invalid and then your case will be barred. lawyers typically give free... Read more »

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