personal injury Archives

What happens if you choose to settle your personal injury case?

When you pursue a personal injury case, the defendant may offer you a settlement outside of New Mexico courts. You may weigh the options and decide to accept the settlement to avoid lengthy, costly litigation. But what happens when you decide to settle out of court, and do you end up losing more in the long run?

Can I legally kill an animal in self-defense?

New Mexico is ripe with many game species that attract hunters, and you may be someone who like to go shooting on weekends with a legal hunting license. However, not only does that license not give you free rein to kill animals as you please, but you are not the only hunter on the prowl. What if one of the predators in the wild turns on you? Are you legally allowed to kill or wound the animal to prevent personal injury or death?

What should facilities do to prevent elder abuse?

New Mexico elder care facilities must ensure that the senior citizens under their care are properly looked after without instances of abuse, neglect or other factors that may lead to injury or death. Policies must be in place to prevent much of this, but enforcing these policies may be difficult. How can facilities ensure that protections for elders under their care are adequately enforced, and ensure their elder care employees behave ethically?

Do I have a case if I was a victim of food poisoning?

You have just been out to dinner at your favorite New Mexico restaurant. The food was delicious, the atmosphere wonderful, but toward the end of the evening you begin to notice chills, nausea and cold sweats. By morning you are feverish and possibly vomiting or enduring other side effects. You realize you are suffering from food poisoning, likely as a result of contaminated, mishandled or spoiled food at the restaurant last night. Whether or not you are hospitalized or left with severe damages as a result of your food poisoning, do you have a case for personal injury?

What is institutional neglect?

If you or a loved one have been committed to a New Mexico facility for your own health and well-being, you trust the facility employees to provide the best in care with your welfare in mind. Facility employees should uphold the highest standards of ethics and compassion, whether the facility is an elder care facility or nursing home, a mental health care facility, a substance abuse rehab facility or any other type of adult care and assisted living facility. But what happens when those ethical standards are not met?

What are punitive damages?

If you were injured or lost someone to wrongful death in New Mexico, you may pursue legal action against the offending party whether they were an individual or a corporation. That action may result in awards exceeding the typical medical bills, pain and suffering, lost wages, loss of companionship, hedonic damages or anything else associated with losses caused by the injury or death. In that case, a judge choosing to award damages well beyond the necessary for recompense can be considered punitive damages.

Airbag recall now affects nearly 40 million vehicles

The massive recall of Takata air bags is not about to go away any time soon. The National Highway Traffic Safety Administration recently announced 14 additonal models of cars that are affected by the recalled air bags. The recall-one of the largest in consumer history-is estimated to affect nearly 40 million vehicles.

Are farm workers covered under New Mexico liability laws?

Sometimes, under New Mexico law, certain classes of employees may worry their employment sector excludes them from protections under employer liability laws regarding personal injury in the workplace. One such class of employees is farm workers and laborers, and if you are employed on a farm you may fear that in the event of a farm accident, your employer would not be held liable for any damages or losses associated with your injury.

Do you have a right to detain livestock if they injure you?

It may be a little far-fetched to imagine, but it can happen. You may be minding your own business on private or public New Mexico land only for a horse, cow, even a duck or chicken to injure you with a stray kick, flapping wings or a stabbing beak. Someone's livestock has run out of control, and you have just been the victim of an animal attack. The question is, do you have the right to detain that livestock until their owners can claim them and be held accountable for your injuries or damages to your personal property?

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