Martinez, Hart, Thompson & Sanchez, P.C.
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Albuquerque, New Mexico, Personal Injury Blog

Modification of a wrongful death award

The sudden and unexpected loss of a loved one is never easy to take. Surviving family members can be left grief-stricken, not knowing how to carry on with their own lives. The heartache can be exacerbated when the death was caused by the negligence of another. Knowing that the fatal accident that stripped their loved one away from them can leave a family thirsty for some sense of justice. Oftentimes this comes in the form of a wrongful death lawsuit, which, when successful, can bring accountability, closure, and compensation.

Although imposing liability on a negligent individual can be challenging, so, too, can proving the full extent of one's damages. After all, wrongful death compensation is often both forward and backward-looking. One way that it is forward looking is that a jury must decide how much lost wages an individual would otherwise have earned. Many factors can go into this determination, including an individual's education and his or her wage at the time of death.

Albuquerque officer being sued following on-the-job collisions

Just because a person in Albuquerque is a police officer does not mean they are above the law. Just like any other motorist, police officers are tasked with driving with due care for the safety of others. Those who fail to do this and negligently cause an accident may face a lawsuit brought by the injured victims.

This is what is happening to one Albuquerque police officer who was involved in five crashes over the past three years while on the job. He is being sued with regard to two of those accidents. However, according to police, the crashes were not preventable, and police officers must, per their job duties, spend a lot of time in their patrol vehicles.

Motorcycle accident in Albuquerque kills two

Motorcycling is the preferred way to get from point A to point B for many bike enthusiasts in Albuquerque. However, it can present dangers not present to drivers of automobiles. Motorcycles can be more difficult to see due to their small size. Moreover, motorcycles do not offer the structural protection or devices such as airbags that automobiles have. In addition, the size disparity between a motorcycle and a standard automobile can mean that it is often the motorcyclist that comes off worse if a crash occurs. Unfortunately, this means that many motorists who are not paying attention to motorcycles in their vicinity could cause a motorcycle accident.

Recently, two motorcyclists lost their lives in an auto accident in Albuquerque. The incident occurred in the southwest side of Albuquerque. A motorist driving a sedan was attempting to execute a turn when the motorcyclist collided with the automobile.

Pursuing a premises liability lawsuit with the right help

Many residents of New Mexico who have been in a car accident or know someone who has are aware that it may be possible to bring a lawsuit against the at-fault party to recover compensation for their injuries. They may be surprised to hear, however, that if they are injured due to inadequate security or insufficient lighting on the property of someone else, they may be able to bring a premises liability lawsuit.

Unfortunately, sometimes a person is attacked in a parking lot with inadequate lighting or insufficient security. This can cause a whole host of physical and psychological problems. Not only must the victim heal from their physical injuries, which could take a lot of time and money, but they also will have psychological wounds to heal from as well. While they may be able to hold their attacker liable, what they may not know is that in some circumstances, they can hold the property owner liable for inadequate lighting or insufficient security.

Top 5 ways to keep kids safe on playgrounds

Playgrounds are places where children can have fun and learn. But when a there are dangerous safety hazards, playtime is over.

Accidents can happen if children are not properly supervised, or if a playground is not properly designed or maintained. There are things you can do, however, to help prevent playground accidents.

When swimming in New Mexico becomes a deadly affair

One of the pleasures of summer for many New Mexico children is swimming on a hot day. However, whether they are swimming at a community pool or in their own backyards, swimming can be a dangerous activity for children. In fact, according to the U.S. Centers for Disease Control and Prevention, drowning is the number one cause of accidental death for children between one and four years old.

Between 2011 to 2013, on average, 390 children between the ages of zero to 14 died in pools or spas. Of the fatal drowning deaths, 76 percent involved children under five years old, and, of those, 67 percent involved children between one and three years old. Of the children between the ages of zero to 14 that died after drowning in a swimming pool, 71 percent were boys and 29 percent were girls.

Where Does New Mexico Rank Nationally In Child Auto Fatalities

Fatal auto accidents involving children under 15 vary from state to state, but there are some notable trend lines and occurrences, according to a recent report by researchers at Harvard and UT Southwestern Medical Center.

The report, published recently, showed that these crashes occur most often in the South, with several risk factors playing major recurring roles, including improperly or unused restraints and safety precautions, as well as crashes on rural roads. 

Don't wait too long to file a wrongful death suit in New Mexico

Most people in New Mexico do not anticipate dying early. They often assume that they will live to a ripe old age, perhaps retiring after a long career, and, for some, seeing their children grow and seeing grandchildren born. However, all these rights of passage can be stripped from a person if they experience a wrongful death.

If a person dies due to the negligence of another, that person's loved one may want to pursue a wrongful death suit. However, they only have a certain amount of time to do so. This time period is legally known as the "statute of limitations," and once this time period has passed, a person can no longer take any legal action based on the fatal incident.

Safety tips to teach kids about school buses

Maybe your child has a few options to get to and from school every day. You are trying to decide which method is best for your family. School buses are a very safe method of transportation, even more so than driving your child in a car, but they are not flawless. You should still talk to your kid about staying safe at the bus stop and while on board to avoid unnecessary risks. Here are some of the most important tips to teach your child

Pursuing a wrongful death claim after a loved one's death

Most people in Albuquerque hope that their loved ones will live to a ripe old age and will pass away after having a long, fulfilling life. Unfortunately, sometimes a person's life is cut short due to the negligence of another. Whether it is a fatal car crash, a workplace accident or an act of medical malpractice, when a person's demise is caused by another person's actions, this can be a difficult pill for the person's loved ones to swallow. They may want answers and accountability with regards to their loved one's death. And, on a more practical note, they may be suffering financially due to their loved one's death.

When this happens, it may be possible to pursue a wrongful death suit. New Mexico, like all other states in the nation, have laws that dictate how such a suit can be brought. Unlike criminal cases, which must be proven "beyond a reasonable doubt" a wrongful death suit is a civil action, and therefore the burden of proof is lowered to a "preponderance of the evidence."

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Albuquerque, NM 87104

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