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After an individual has been injured in an accident, they often suffer damages, ranging from physical injuries to property damage. Under New Mexico law, the victims in these cases deserve to be compensated if their injuries stem from the negligence of another. A judge or jury will generally decide the amount of damages to which the victim is…

The Supreme Court of Montana recently released an opinion in an accident case dating back to 2012. The plaintiff in this case was stopped in a traffic jam when the defendant slammed into the back of the plaintiff’s car, causing a domino effect in which the plaintiff ended up hitting the car in front of…

The United States Court of Appeals for the Tenth Circuit recently released its opinion in a negligence lawsuit brought after a woman was tragically killed in a rafting accident. The court ultimately determined that the plaintiff’s lawsuit must be dismissed because she signed a valid waiver form prior to embarking. In the case, Espinoza…

Product liability cases are often quite complex because there are usually several parties involved, each of which is likely trying to impute liability to another party. After an individual has been injured by a dangerous product, they may try to bring a lawsuit against the manufacturer of a product. And in certain cases, the law…

Hit-and-run accidents occur when a driver flees the scene after being involved in an accident. While people may be tempted to flee out of a fear of liability for the accident, leaving the scene of an accident is illegal and can carry serious consequences. In New Mexico, it is illegal to leave the scene…

In personal injury cases, many people think of their attorneys being most useful during examinations of witnesses and closing arguments. However, one very crucial part of a trial is in the crafting of the jury instructions. Jury instructions can drastically change the outcome of a case because jurors are laypeople who do not necessarily understand…

New Mexico has very specific laws that address when sovereign immunity applies and which waivers accompany the statute that was created in the late 1970s. The act that was created to address suits against the government was intended to protect the government from an inundation of legal suits based on actions that are necessary to…

Many people are familiar with the term “pain and suffering” when it comes to damages awards following a successful negligence lawsuit, but not many people know that damages are not always automatically awarded to plaintiffs. There are several different types of damages awards to which a plaintiff may be entitled when a judge or jury finds that…

Earlier this month in New York, an appellate court handed down a decision broadening the liability of treating physicians when they administer medication to a plaintiff in the hospital. In the case, Davis v. South Nassau Communities Hospital, the court held that prescribing doctors may be liable to a third party when they fail…

When a bar, club, or restaurant over-serves a customer to the point of intoxication, and then that customer goes on to cause a drunk driving accident, intuition tells us that the driver should not be the only one held responsible. In fact, there are laws in most states that allow for the victim of…