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Many studies have proven the importance and efficacy of wearing a helmet. Helmets can drastically decrease the risk of a severe head or brain injury in a motorcycle accident or bicycle accident. For this reason, many states have passed helmet laws requiring citizens to don protective headgear while operating certain vehicles. New Mexico is…

New Mexico sees over 100 drunk driving deaths per year. When a motorist is injured in a New Mexico drunk driving accident, they can pursue a claim against the drunk driver through a New Mexico car accident lawsuit. However, under the state’s Dram Shop law, there may be other potentially liable parties that can…

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,…

In a recent opinion, the New Mexico Supreme Court addressed the nuances of the New Mexico Medical Malpractice Act (MMA). The opinion stems from a plaintiff’s lawsuit against an OB/GYN who allegedly failed to diagnose a large malignant mass on the plaintiff’s left ovary. The Facts of the Case In 2006, the plaintiff was…

Recently, a state supreme court released an opinion in a lawsuit brought by two officers who were injured while they were in the process of helping an individual who had fallen asleep behind the wheel of a car. According to the court’s opinion, the two officers received a call about a traffic accident and…

Earlier this month, the New Mexico Supreme Court released its opinion regarding the applicability of traditional indemnification in the state following a personal injury lawsuit. The case stems from an accident in which a mother was changing her baby’s diaper in a Safeway Grocery store in the state. While the mother was changing her baby,…

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…

In a decision released in September, the New Mexico Supreme Court reversed a state Court of Appeals decision affirming the dismissal of a plaintiff’s medical malpractice claim against a hospital resulting from the death of a patient. The plaintiff’s lawsuit, filed on behalf of the deceased patient, claims that a radiologist employed by the…

Last year, the New Mexico Supreme Court reversed the dismissal of a case filed against the State of New Mexico by the families of two people killed in a December 9, 2004 head-on collision on New Mexico State Road 502 near Los Alamos. The lawsuit alleges that the State was negligent in maintaining the…

Residents of Bernalillo County may have noticed an increase in the amount and frequency of illegal drag racing that has been occurring in northeast Albuquerque during the summer of 2014, and the Bernalillo County Sherriff’s Office is starting to take action. According to a report by Albuquerque CBS partner KRQE, the Sheriff’s office has…