Being involved in a New Mexico car accident is a stressful experience, both physically and emotionally. In the immediate wake of the accident, the focus is on physically recovering from the injuries of the accident. Once the physical wounds heal, there is often the emotional stress that accompanies missing time at work, constantly visiting a physical therapist, and getting back behind the wheel of a car. This can take time.

Front-End DamageOnce both body and mind have recovered, there is the issue of the financial toll that the accident took on the victim. In some cases, insurance will help cover these costs. However, insurance companies will not approve all claims, and they may deny an accident victim’s claim for any number of reasons. In these cases, a New Mexico car crash attorney can assist accident victims with the preparation of their case. A recent case illustrates one insurance company’s efforts to evade responsibility.

The Facts of the Case

The plaintiff in the case was involved in an accident with another motorist. The plaintiff filed a personal injury lawsuit against the other driver, that driver’s insurance company, and the plaintiff’s own insurance company. The insurance companies were named as defendants because they were contractually obligated to cover the costs associated with the accident, pursuant to the drivers’ insurance policies.

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Anyone who has played a high-impact sport, such as football, understands that there is a risk of injury. However, the types of injuries most players would expect to encounter on the field are sprains, strains, or maybe a broken bone. However, according to research that has been conducted over the last several years, there is a high correlation between participation in high-impact sports and the degenerative brain disease chronic traumatic encephalopathy, or CTE. Victims of this condition in New Mexico may be able to bring a New Mexico brain injury case against someone whose negligence led to the condition.

Snap the BallCTE is a brain disorder that is characterized by severe cognitive disorders, including depression, anxiety, memory loss, impulsive behavior, and substance abuse, and it has been linked to an increased risk of suicide. The disease is believed to be caused by repetitive blows to the head and has recently been linked to participation in contact sports throughout all levels, including high school and college. However, the presence of CTE in former football players is the greatest, with one recent report concluding that CTE was found in 110 of 111 players surveyed.

Currently, CTE can only be diagnosed through a post-mortem autopsy, which makes it difficult to determine if a current or former player is suffering from CTE or from other mental health issues that may have another cause. Researchers have estimated that there will be a way to diagnose CTE in living patients within a decade.

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Auto insurance is supposed to help accident victims recover for their losses after being involved in a serious accident. However, in reality, insurance companies are for-profit companies that are solely motivated by profit. In too many New Mexico car accident cases, insurance companies refuse to offer fair settlements or contest accident victims’ claims altogether. A recent personal injury opinion illustrates how an insurance company may try to limit the amount of money it pays out following a serious car accident.

Signed ContractThe Facts of the Case

The plaintiffs lost two loved ones in a fatal car accident. At the time, the plaintiffs insured five cars through the insurance company and were provided two policy numbers. The limit on each policy was $250,000. Thus, the plaintiffs were seeking a total of $500,000. However, the insurance company claimed that the plaintiffs only had a single policy and paid out just $250,000. Following the accident and the insurance company’s failure to pay their requested amount, the plaintiffs filed a wrongful death lawsuit against the other driver as well as their own insurance company.

At trial, the insurance company sought dismissal of the case, taking the position that the plaintiffs had only one insurance policy and arguing that it had already paid what was due under the plaintiffs’ single policy. The trial court rejected the insurance company’s argument and denied the insurance company’s motion. The insurance company then appealed to a higher court.

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New Mexico car accidents have a number of causes, only some of which involve a negligent motorist. In some cases, a vehicle contains a defective part that compromises a driver’s ability to safely control the vehicle.

BridgeBack in May of last year, a former Navy Seal died when the vehicle he was driving, a Tesla Model S, crashed into a truck that failed to yield the right-of-way as it crossed the highway. After the collision, the National Transportation Safety Bureau (NTSB) conducted an official investigation into the fatal car accident. According to a recent news report, the results of the more than year-long investigation have just been released.

The recently released NTSB report faults both drivers in the accident, stating that the truck driver failed to yield when he crossed the highway and that the Tesla’s driver should not have relied so heavily on the auto-pilot technology. However, the report also mentioned that the auto-pilot technology in the Tesla Model S allowed drivers to over-rely on the system. The report recommends that future versions of auto-pilot technology do not allow drivers to use the technology on roads that are not appropriate for its use.

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Earlier this month, an appellate court in Connecticut issued a written opinion that will be of interest to victims of New Mexico slip-and-fall accidents because it illustrates the type of evidence necessary to establish liability in these types of cases. In this case, the plaintiff’s case was tried before a judge without a jury. After hearing the evidence on both sides, the judge entered a verdict in the plaintiff’s favor for approximately $108,000. The defendant appealed the lower court’s ruling to a higher court.

SidewalkThe Plaintiff Stubs Her Toe on a Hospital Sidewalk

The plaintiff was at the defendant hospital visiting a loved one when she stubbed her toe and fell while walking on the sidewalk immediately outside the hospital. In her deposition testimony, the plaintiff explained that she did not know what caused her to trip at the time, only that the front of her toe slammed into something on the ground and that she subsequently fell. As a result of her fall, the plaintiff sustained a broken toe and other injuries.

The plaintiff filed a premises liability lawsuit against the defendant hospital, claiming that the hospital was negligent in maintaining the walkway. The plaintiff presented two reports from witnesses, explaining that there was a small but visible divot in the pavement in the immediate area where she fell.

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After a judge or jury enters a verdict in a New Mexico personal injury case, that verdict is final unless one of the parties files an appeal to a higher court. If an appeal is filed, the appellate court may only consider alleged legal errors. This means that an appellate court will not revisit factual findings of the judge or jury below, but it may consider issues related to the admission of evidence or other legal rulings made during the course of the trial.

Diving BoardAppellate courts will also only consider arguments that were made during the trial. For example, if a party fails to object to a ruling with which they disagree, that party will be prevented from raising the issue on appeal in most cases. In a recent case, the plaintiff’s premises liability claim was dismissed on appeal because the arguments he made on appeal were not raised below.

The Facts of the Case

The plaintiff was an investor looking to purchase a rental home. He contacted the defendant real estate agent and arranged to see one of the agent’s listings. The agent met the plaintiff at the home and showed the plaintiff around. The home had a pool in the back yard that had been emptied prior to the property being put up for sale.

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Medical malpractice cases may be filed against any medical professional, including doctors, nurses, or hospital administrators. New Mexico medical malpractice claims must follow strict requirements or risk being dismissed without ever being heard. This includes filing the claim by the appropriate deadline, including all of the necessary facts in the initial complaint, and drafting the complaint such that it provides notice of the allegations to the defendant. A recent case illustrates how important properly pleading medical malpractice allegations can be, as well as the repercussions for failing to do so.

Breast SurgeryThe Facts of the Case

The plaintiff was a breast cancer survivor, who was discussing reconstructive surgery with the defendant doctor. However, due to the radiation that the plaintiff received to treat the breast cancer, there were certain risks associated with the procedure. Her left breast, specifically, received the radiation treatment.

Initially, the plaintiff wanted the doctor to operate on both of her breasts. However, after thinking about the risks involved, she decided to only proceed with the surgery on her right breast. She proceeded to have the defendant perform the surgery, but there was some miscommunication between the plaintiff and the defendant, and the defendant operated on both breasts. The defendant later claimed that he was not made aware that the plaintiff had changed her mind, and he presented his records indicating as much.

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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 of an accident that occurred when the plaintiff was struck by another vehicle. Ultimately, the court concluded that it is a driver’s own responsibility to safely complete a left turn through traffic and that the defendant’s gesture was not the proximate cause of the plaintiff’s injuries.

Traffic JamThe Facts of the Case

The plaintiff was an on-duty police officer who was heading back to the barracks. As the plaintiff approached the barracks heading westbound, he needed to make a left hand turn across two eastbound lanes of traffic in order to enter the barracks. At the time, there was a line of cars in the closest eastbound lane of traffic waiting at a red light. The defendant was one of the cars waiting at the traffic light.

The plaintiff inched his car forward and angled his car as though he wanted to make a left turn. He made eye contact with the defendant, who checked his own mirrors before waving the plaintiff on. The plaintiff slowly proceeded in front of the defendant’s vehicle, but as he entered the far eastbound lane of traffic, another motorist collided with his police cruiser.

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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 personal injury cases when a judge determines whether to admit evidence, and if so, how much weight it is given.

Front-End CrashAdmissibility Versus Weight

As a preliminary matter, only certain evidence is relevant in a personal injury trial, and only relevant evidence will be admitted for the jury’s consideration. However, once a judge determines that evidence may be admitted, it is then up to the fact-finder (either a judge or a jury) to assess the evidence and determine how much weight to give it.

The Facts of the Case

The plaintiff was injured in a car accident involving an employee of the Department of Transportation. The plaintiff filed a personal injury lawsuit against the Department, claiming that it should be responsible for its employee’s negligent conduct.

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New Mexico drunk driving accidents are too common, claiming upwards of 100 lives per year. To combat the threat drunk driving poses, lawmakers have enacted strict drunk driving laws that prevent drivers from getting behind the wheel when they have had too much to drink. Additionally, in some cases, New Mexico imposes liability on bars and restaurants that over-serve customers who go on to cause serious accidents through the state’s Dram Shop statute.

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Earlier this month, an appellate court in Florida issued a written opinion in a personal injury case involving an allegedly drunk driver who caused an accident after drinking several alcoholic drinks during a round of golf. The question the court had to answer was whether the golf course could be held liable for the plaintiff’s injuries, based on the state’s Dram Shop statute. While the New Mexico Dram Shop statute differs from Florida’s in several ways, the basic concepts are similar.

The Facts of the Case

The plaintiff’s wife was killed when she was struck by an allegedly drunk driver. The driver was on his way home after a round of golf at the defendant golf course. The plaintiff filed a personal injury lawsuit against the golf course, claiming that it should be held responsible for his wife’s death because employees of the golf course over-served the driver to the point of intoxication.

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