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In a recent federal appellate opinion, the court dismissed a plaintiff’s case against the U.S. government based on the plaintiff’s failure to timely file her case after her initial claim with the United States Post Office (USPS) was denied. The case presents an important issue for New Mexico car accident victims because it involves…

In many New Mexico car accident lawsuits, the case is actually defended by the insurance company that provided coverage to the at-fault driver. Indeed, one of the major benefits of obtaining sufficient insurance coverage is that, by virtue of the policy agreement, the company agrees to defend any claims against the insured.When it comes…

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…

Spa services are often considered a luxury that are designed to leave the recipient feeling relaxed and satisfied with their experience. Spa services vary greatly in terms of location, methodology, and intended effect. This can present a problem to clients who may not necessarily understand the experience or background of the particular esthetician. Moreover,…

Earlier this month, New Mexico’s Supreme Court issued an opinion regarding a complex dispute between a driver and an insurance company. The case was the subject of two jury trials and two appeals. Two specific evidentiary issues were appealed to the Supreme Court. Facts of the Case The case stems from a dispute between…

Earlier this month, a state appellate court issued a written opinion that discusses an important concept in New Mexico car accident cases. The case presented the court with the task of determining whether a waving gesture made by the defendant to encourage the plaintiff to complete a left-hand turn through traffic was the cause…

Earlier this month, an appellate court in Connecticut issued a written opinion in a car accident case involving the question of whether the trial court improperly excluded certain defense evidence from consideration at trial. The case is illustrative for New Mexico personal injury plaintiffs because the very same considerations are present in New Mexico…

Although a surprise witness is a common theme on TV and in movies, a surprise witness at a trial is rare. Generally, parties are required to disclose their witnesses before trial, and often courts do not allow surprise witnesses to testify. The idea is that prior to trial, all of the parties know generally what…

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…

A Florida appellate court recently released an opinion in a case involving the potential wrongful death of a nursing home resident. The deceased individual was admitted to the nursing home in April 2013. On the day after her admittance, the woman’s daughter signed and accepted the position of “health care proxy” on behalf of her…