Posts tagged "personal injury"

What are some signs of elder abuse?

If you have a loved one in New Mexico who is considered to be an elder, it can be hard to watch them get old. Unfortunately, this generation is also at higher risk of being taken advantage of. There are many different types of elder abuse, and it can occur in their own homes, assisted living centers, nursing homes and other institutions. In order to prevent it or stop it from happening, make sure you know the risks and signs.

Are "lemon" cars covered under defective product laws?

Whether you have bought a new or used car from a New Mexico dealer, the expectation is that the car will perform according to standard from the moment you purchase it through a reasonable amount of time for the car's operating lifespan. If the vehicle immediately causes problems that render it defective and inoperable after sale through no fault of your own and nothing related to a motor vehicle accident, that car may be what you call a "lemon." So if your car is a lemon, are you covered by laws regarding defective product liability?

Can a government-run nursing home restrain my elderly relative?

The idea of government-run nursing homes can sound frightening like camps for the elderly, but in truth these Medicare and Medicaid facilities offer care that is adequate or better so long as the standards set out by Medicare.gov are being followed. Yet if you find that certain behavior toward your elderly loved one in the nursing home is causing you worry, you may need to be aware of the rights of patients in Medicare and Medicaid facilities. For instance, what if your elderly relative is being restrained? Is that legal?

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.

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