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An insurance policy is essentially just a contract between the insured and the insurance company. The insurance company agrees to provide certain coverage, detailed in the policy, and the insured agrees to pay a stated premium. In some New Mexico car accidents, an insurance company’s obligation to provide coverage is clear. However, in many…

Recently, a federal court of appeals issued an opinion in a personal injury case that presented an issue that commonly arises in New Mexico slip-and-fall cases. The case presented the court with the opportunity to discuss whether a gas station could be held liable for the plaintiff’s injuries that were the result a slip-and-fall…

The State of New Mexico requires that all drivers maintain a certain amount of car insurance in order to legally operate a vehicle on the road. This requirement is designed to ensure that, in the event of a serious accident, the at-fault party has the ability to compensate the victim for their injuries. However,…

In all New Mexico personal injury lawsuits, the plaintiff must commence their lawsuit within a certain amount of time. Under New Mexico Statutes section 37-1-8, the statute of limitations for a New Mexico personal injury lawsuit is three years. Section 41-5-13 provides the same three-year statute of limitations for New Mexico medical malpractice cases….

Recently, a state appellate court issued an opinion in a personal injury case brought by a customer of a grocery store after she fell in one of the store’s aisles. The court discussed an important issue that frequently arises in New Mexico slip-and-fall lawsuits. The Facts of the Case The case stemmed from an…

The New Mexico Supreme Court recently issued an opinion finding that the plaintiffs were unable to appeal a jury’s verdict because they did not object to the verdict prior to the jury’s discharge. Facts of the Case An ironworker fell off a wall while he was in the middle of a construction project in…

Recently, a state appellate court issued an opinion in a personal injury case requiring the court to determine if the jury was improperly instructed and, if so, what the remedy should be. The case is relevant to New Mexico car accident victims because it illustrates the importance of jury instructions, and what can be…

Recently, a state appellate court issued a personal injury opinion discussing an issue that is applicable in many New Mexico premises liability lawsuits. In this case, the court was presented with an appeal that granted Wal-Mart summary judgment after a woman was injured when she slipped and fell on a puddle of water inside the store….

The requirements of filing a personal injury lawsuit are generally the same throughout the United States, but the outcomes of similar cases can vastly differ, depending on where the case is filed. The reason for this discrepancy is due, among other things, to the various rules surrounding the apportionment of fault and liability, subrogation,…

Many states impose liability on individuals who provide or serve alcohol to an intoxicated person when that person goes on to cause an accident or injury. This liability is normally outlined in a state’s “dram shop” law. New Mexico’s dram shop law allows an injured person to hold an alcohol vendor liable for injuries…