Law Office of Matthew Vance, P.C., Personal Injury Law Blog

Hedonic damages are a measure of damages recognized by New Mexico personal injury law. They are meant to provide compensation for the pleasure of being alive. Following a deadly collision between the driver of a motorcycle and the driver of a car, a New Mexico federal magistrate judge decided to admit qualitative expert testimony on…

A New Mexico federal Magistrate Judge recently recommended denial of a construction company’s motion to dismiss or stay a suit by the construction company’s insurer. The insurance company had sued in New Mexico federal court seeking a declaration that it was not obligated to cover a lawsuit against the construction company in New Mexico state…

A recent New Mexico federal court order (Arispe v. Allsup’s Convenience Stores, Inc.) instructed the parties before the court to engage in a settlement conference on December 14, 2018 at the federal courthouse in Roswell, New Mexico, and included multiple requirements. The order specifies what the parties are to do in a manner likely to…

In a recent case, an insurance company brought an action in a New Mexico state court, the Second Judicial District Court, County of Bernalillo, seeking a declaration that its insured was not entitled to uninsured/underinsured (UM/UIM) coverage for any injuries or other damages resulting from a 2015 car accident. The insured filed an answer and…

Typically contracts are enforced as per their terms. In a case decided by the U.S. District Court for the District of New Mexico, the court held that an insurance policy provision limiting a plaintiff’s time to bring an action to three years from the date of her New Mexico vehicle accident was unenforceable. At issue…

The United States District Court for the District of New Mexico recently handed down an opinion dismissing claims by a New Mexico State Police trooper for failure to keep premises safe. The Court interpreted New Mexico’s “firefighter’s rule” as also applying to claims brought by law enforcement officers. The plaintiff had alleged as part of…

The United States District Court for the District of New Mexico recently handed down an opinion dismissing a claim for punitive damages brought in connection with a personal injury case. The plaintiffs had filed a complaint against the defendant’s insurer after a trial in which the plaintiffs had prevailed. The plaintiffs brought their post-trial complaint…

Recently, the Court of Appeals of the State of New Mexico upheld a jury’s verdict and the denial of a defense motion for a new trial or a remittitur of the damages awarded by the jury. The appellate court declined to use mathematic ratios as the basis for reversing a jury award, and also affirmed…

A plaintiff injured in a New Mexico car accident who sues to recover damages for personal injuries often can assert causes of action based on multiple theories of recovery. Under some circumstances, a defendant can successfully move to bifurcate the causes of action. The consequences will depend on what stage the litigation is in when…

A terrible New Mexico car accident occurred when a tire tread peeled off the right rear tire of a 1993 Ford E-350 Super Club Wagon traveling on U.S. Highway 54 in Guadalupe County, New Mexico. The vehicle, which was en route from Mexico to Colorado, left the road and rolled over three times. Two of…