New Mexico Personal Injury Legal Questions

You may possibly have a case, the issue is you would need to establish some type of fault for the injuries on either your friend or some dangerous condition on his property, and given that you don't remember what happened, that could be difficult. I do recommend you speak to an attorney if you have more details as they could likely assist you in deciding whether you had a good case.... Read Answer

You should definitely speak to an attorney as you may have a case both against the other driver in the motorcycle accident if your son was not at fault, but also a possible medical malpractice against his care provider for releasing him too son.  Too give a good opinion, more informatin is needed since these types of cases depend a lot on the specific facts, but I would definitely recommend pursuing it as your son likely has a case.... Read Answer

You need to read your policy declarations page. That will tell you what you are and aren't covered for. Lawsuit against insurance company for failing to tell you you needed more coverage? no. You should always refrain from making admissions of liability or even hedged admissions because they can be misconstrued.... Read Answer

Wow. Did you install yourself or did you have a shop install? This is important be ause you will have in urred that expense, plus removal. What was the warranty? Why won't he return? Does he offer any reason? And will he even respond to contact by you? Is he a business or just an individual? May imp at collectibility on your claim. Doesn't sound like he knows what he's doing. You can likely sue him but unless he does business here, you may be limited to suing him only in his state. And it will likely be a court of limited jurisdiction. Somewhat complicated be ause there are many considerations... Read Answer

You've presented some interesting facts, but these sorts of cases likely involve much more detail than you have provided. It is difficult or impossible to answer your question without more information. This would likely require a consultation with an attorney and would likely also require a review of some of the documents involved. I would suggest you contact an attorney for further assessment.... Read Answer

It is important for you and your attorney to discuss the reasons for the non-filing. It may be that the investigation produced evidence or results different than what you both may have contemplated whey you originally discussed this with him/her. If the failure to file was grounded in negligence, then you would have a cause of action against him or her.... Read Answer

Well, I must say, that is an interesting set of facts. Right now, there is no search as I understand it. And also, the D.A. will argue that they did not seize it. It was surrendered by your girlfriend. You state that there is insufficient p.c. to get a warrant. When the police or D.A. present that to the judge, he will decide if that is sufficient p.c.... Read Answer

The difficulty lies in trying to get somebody of anybody in state government to listen or to act. I would suggest you file a written complaint and schedule a meeting with the supervisor. In that complaint I would send a cc the governor's cabinet secretary so they will know that if he/she doesn't take action, then their job may be on the line. You'll have to find out who is the cabinet secretary for human services and vet their mailing address. Hope this helps.... Read Answer

Before a judge can accept any plea other than not guilty, it wants assurances that the defendant is making an informed decision because of possible consequences that could potentially include incarceration or monetary penalties. It does this by affording the defendant time to speak with an attorney who can evaluate the strengths and weaknesses of the government's case and any defenses the defendant may have. The pre-trial is merely a hearing where the court monitors the status of the case as it progresses, i.e. whether the defendant has counsel or whether a trial is necessary or if the defendant is going to proceed pro se.... Read Answer

Not all people react to anesthetics as anticipated or expected. However, the fact that you were not sufficiently sedated to begin with, coupled with the fact that you were insufficiently sedated during the operation, so much so that you were able to move about and go to the bathroom is astonishing. It's not merely the lingual nerve damage, but also the pain and suffering during the operation and post operation from an unsuccessful operation that are troublesome. What I don't know is whether the nerve damage continues to be painful or a problem for you and whether or not it interferes with speech. Permanent nerve damage may result in other problems. Without knowing more, the question becomes whether the methods used by the dentist fell below the acceptable standard of care. It appears that it did.... Read Answer

You can certainly take her to court and the costs that you expend may be recoverable at the back end of the litigation. But the real question is, will you be able to collect from he? Many people are simply judgement-proof or, if not, will go to great lengths to dodge creditors. You can spend a great deal of time and energy and money chasing wrong-doers down, getting them served and trying to get them to respond or to even go to court. Oftentimes they don't. And so, you can win the case and still have a difficult time trying to collect. There are further remedies available that may assist you in your collection efforts, but they too will require serious commitment and energy. For instance, Writs of Garnishment, notice to the MVD requesting suspension of their drivers license in an effort to leverage payments due. Good luck.... Read Answer

That is a question that has a lot of complexities to it, for instance what other medications you may have taken and the interaction with those other drugs. Whether you suffered from depression prior to this, whether you had follow-ups with you health care provider in timely fashion, and so forth.... Read Answer

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.... Read Answer