Every year thousands of New Mexicans receive medical care at military base facilities, share the road with postal trucks and visit national parks. If any of these people suffer personal injuries at the hands of a federal employee, they may be able to  bring a claim under the Federal Tort Claims Act. In the past,… The post Federal Tort Claims Act appeared first on New Mexico Personal Injury Attorneys ..read more

A report by Public Citizen debunks the myth of frivolous medical malpractice claims. In fact, the report indicates that medical malpractice payments are at record lows. The report provides some interesting statistics that the tort reform movement neglects to mention in their constant ranting about trial lawyers preying on the medical community. The report states… The post The Myth of the Frivolous Medical Malpractice Lawsuit appeared first on New Mexico Personal Injury Attorneys ..read more

In New Mexico, there are caps on both medical malpractice claims and claims against the government. These caps are highly detrimental to injured plaintiffs and undermine the right to a jury guaranteed under the 7th Amendment of the U.S. Constitution. However, the caps are routinely upheld in New Mexico and beyond. Most recently, in Lajeuenesse… The post Caps in New Mexico Medical Malpractice Claims Against the Government: No Wiggle Room for Multiple Beneficiaries appeared first on New Mexico Personal Injury Attorneys ..read more

Punitive damages (often seen in personal injury and medical malpractice cases) are a hot topic both for businesses and for individuals harmed by the conduct of businesses. Punitive damages are just that, “punitive”. They are awarded above and beyond compensatory damages to punish outrageous and dangerous corporate behavior. More importantly, they serve the purpose of deterring… The post Caps on Punitive Damages: Great for Business, Bad for Everyone Else appeared first on New Mexico Personal Injury Attorneys ..read more

In a personal injury lawsuit, your attorney will represent you on a contingency fee basis. In contingency fee representation, your lawyer will receive a portion of the recovery awarded to you. As a result, you do not have to pay your attorney if you do not win your case.  Conversely, the defendant in the case… The post Can I Be Ordered To Pay the Other Side’s Legal Fees? appeared first on New Mexico Personal Injury Attorneys ..read more

Medical malpractice claims in New Mexico can be reasonably challenging.  Even though medical negligence is quite widespread, there remain many biases toward doctors and against injured patients. The presumptions in favor of the medical provider can be challenging to overcome. There are several essential elements that you must prove to establish a medical malpractice claim.… The post Basic Requirements for a Medical Malpractice Claim appeared first on New Mexico Personal Injury Attorneys ..read more

Proof of causation is essential for liability in a personal injury claim. The Tenth Circuit Court of Appeals recently set forth the “but for” analysis undertaken in New Mexico personal injury cases in Wilcox v. Homestake Mining. The Court made it clear that a plaintiff must show that “but for” the defendant’s negligence, the plaintiff… The post Comparative Negligence Decided by Jury in New Mexico Personal Injury Cases appeared first on New Mexico Personal Injury Attorneys ..read more

Studies have shown time and time again that fatigue is a significant cause of trucking accidents.  It has been shown that drowsiness causes up to 40% of trucking accidents.  Significantly, the risks of an accident increase by 400% from the 8th hour of driving to the 11th.  Naturally, Congress sees fit to maintain and perpetuate… The post Congress Ignores Dangers of Excessive Trucking Hours appeared first on New Mexico Personal Injury Attorneys ..read more

State Court Medical Malpractice Lawsuits v. NMCD and its Medical Contractors The cases below were filed in the New Mexico state courts for state law medical malpractice claims against NMCD and its medical contractors.  Many of the medical malpractice lawsuits have involved the failure to diagnose and treat emergent infections resulting in weeks of months… The post Prison and Jail Medical Neglect Lawsuits filed by Collins & Collins, P.C. appeared first on New Mexico Personal Injury Attorneys ..read more

Most consumers purchase automobile insurance to protect themselves or their family in case of an auto accident. Some purchase auto insurance because it is the law, mandated by the state legislature. In New Mexico, drivers must maintain minimum insurance policy limits of $25,000 per person, $50,000 per occurrence and $10,000 for property damage. This means… The post The Limits of Insurance Coverage in a New Mexico Auto Accident appeared first on New Mexico Personal Injury Attorneys ..read more