Articles Posted in Personal Injury

In a recent appeal in a New Mexico personal injury case, the New Mexico Court of Appeals addressed whether a charter high school was entitled to the protections set forth in the New Mexico Tort Claims Act (TCA) and whether the negligence claim asserted against the school fell within a waiver of the TCA. The…

Accidents that take place in restaurants and other places of business may entitle victims to recover damages from the owner or property manager, according to New Mexico law. Slip-and-fall cases are lawsuits that arise when individuals allege they have sustained injuries due to the negligence of the property owner in maintaining their premises. As the…

Drunk driving, or driving while intoxicated, remains a major problem throughout New Mexico. The epidemic of drunk driving continues to cause serious car accidents and catastrophic, even fatal harm. New Mexico car accident attorney Matthew Vance is familiar with the devastating consequences of collisions resulting from drivers who choose to operate their vehicle while under…

A recent case before the New Mexico Supreme Court addressed whether the children of a fatally wounded parent could bring a lawsuit under state law, even though the parent’s estate had not brought a lawsuit for wrongful death. The court determined that the children had the right to bring the lawsuit, since they were suing…

At issue in a recent appeal before a New Mexico District Court was whether the plaintiff had deliberately misled the court into suspecting she lied about her car accident injuries. In their analysis, the court discussed whether evidence submitted by a physician who had examined the plaintiff should be stricken from the record. Additionally, the…

In a lawsuit brought on behalf of a 19-year-old who died from overdosing on physician-prescribed medications, the New Mexico Court of Appeals addressed whether the pharmacy was liable for negligence and negligence pr se. At issue was the standard of care, specifically, the standard owed by a pharmacist when dispensing medications to patients. While the…

Recently, the New Mexico Court of Appeals addressed whether an insurance company had breached its duty by refusing a request for legal representation in a personal injury lawsuit. That lawsuit, brought by a Public Service Company of New Mexico employee, alleged negligence, negligence per se, and premises liability following an incident in which the employee…

After a fatal accident at work, the wife of the deceased worker pursued a claim for damages against the employer’s insurance company. The issue before the New Mexico Supreme Court was whether a worker injured in the course of employment by a co-worker could recover damages under the employer’s uninsured/underinsured motorist coverage. The question was…

The New Mexico Supreme Court recently held that fraudulent concealment tolls the statute of limitations for a cause of action under the Wrongful Death Act (WDA). Essentially, the question was whether the WDA should be strictly construed, and the three-year statue of limitations should apply, or whether willful, deceitful conduct by defendants tolls the statute…

Recently, the New Mexico Supreme Court issued an opinion that addressed whether a tortfeasor was entitled to traditional indemnification, despite New Mexico’s adoption of comparative fault when there is more than one tortfeasor. In this case, the state’s Supreme Court addressed the doctrine of comparative fault, which applies in personal injury claims, such as car…