Martinez, Hart, Thompson & Sanchez, P.C.
800-698-1773 | 505-633-8770

Albuquerque, New Mexico, Personal Injury Blog

What should I do in the aftermath of a car accident?

If you've ever been involved in an accident, then you know that the time period immediately following the crash can be extremely stressful. The mere shock of the accident can leave you confused and lacking clarity with regard to your thinking. Although this feeling is completely understandable, the actions you take following a wreck can actually have a significant effect on your life moving forward.

There are a number of reasons for this. One of the most important reasons that the appropriate steps need to be taken after a car accident is because it can either well-position you for a personal injury lawsuit, or it can significantly limit your ability to do so. If you suffer injuries in a wreck and it is determined that the accident was caused by the negligence of another, then one of these lawsuits can be pivotal to your ability to recover compensation for your losses.

Wrongful death and nursing home neglect

As our loved ones age, we oftentimes must make a decision about how to care for them. Sometimes, we or our other family members are able to step in and provide housing and medical care as needed, but many times such involvement isn't feasible. Therefore, many New Mexico residents turn to nursing homes to help care for their elderly loved ones. While these institutions carry a heavy responsibility, most of them live up to the duty of care imposed upon them. Sometimes, though, negligence occurs, and the results can be deadly.

Nursing home negligence can occur in a number of ways. For example, residents who are given an inadequate amount of food may suffer from malnutrition, which may be evidenced by rapid weight loss. Lack of supervision can also be considered negligence, especially when a nursing home resident suffers bedsores or is attacked by another resident as a result. Even medication errors can occur in these homes, leaving residents susceptible to negative reactions and overdoses.

The 'reasonable person' in premises liability cases

New Mexico residents who enter a business expect to carry out their task without having to worry about their safety. In fact, this idea is so ingrained in us that we don't even think about how to protect ourselves when entering into the premises of another. However, every year many New Mexico residents wind up injured in preventable slip-and-fall accidents. The resulting injuries can be so severe that they leave victims with extensive physical pain and suffering, as well as financial damages in the form of medical expenses and, if they need to take off work to recover, lost wages.

Fortunately, victims may be able to recover compensation for their damages if they successfully pursue a premises liability lawsuit. In order to succeed on one of these claims, though, a victim must prove certain legal elements. Among these elements is that a property owner should have known, if he or she did not in fact know, about the dangerous condition because a reasonable person in his or her position would have recognized it.

Speeding and alcohol share some shocking traits

You swear you'd never drive under the influence. You're well aware of the dangers, both to yourself and others. You only get behind the wheel if you're sober. You've been that way your entire life.

However, you do tend to push the speed limit a bit. At least, that's how you think of it. The reality is that you break that limit, almost every single time you drive.

Proving negligence in a bicycle accident

Albuquerque's enjoys nice weather year-round, allowing individuals to enjoy the outdoors to the fullest extent possible. This means that many people choose to bike, jog, run, and walk for exercise and enjoyment, but also to get to work, school, and social functions. These activities should be safe. Yet, many times these pedestrians' safety is left in the hands of motorists who may be drunk, distracted, or fatigued.

When it comes to bicycle accidents, victims can be left with serious injuries. While the same holds true for pedestrian accidents, many times bicyclists wind up being accused by motorists of causing the wreck in question. This can be a serious claim, as any fault on the part of a bicyclist can reduce or even eliminate his or her ability to successfully recover compensation through a personal injury lawsuit. If this happens, the victim may be left unable to pay unexpected medical expenses and recoup lost wages.

Wrongful death claims involving children and the elderly

We've talked about wrongful death lawsuits on this blog before, but usually in the context of a working adult being killed due to the negligence of another. While this is frequently the case for New Mexican families, sometimes wrongful death strikes the most vulnerable amongst us, namely children and the elderly. Even though these individuals may not be working and earning a wage at the time of their passing, their families may still be able to recover damages if they succeed on a wrongful death lawsuit.

Of course, putting a price on a human life is impossible. However, when that individual was working at the time of his or her death, then calculating financial damages can be relatively straightforward. The loss of these individuals can cause additional losses, too, though, such as a parent's guidance. When a child dies as a result of negligence, his or her parents will be limited to recovering financial losses. This may include the child's earning potential, medical expenses, and funeral costs.

We fight to hold distracted drivers accountable for their actions

Several technology companies are working hard to bring about the end of human-driven cars. These companies promise that self-driving vehicles will be safer and more efficient than those driven by humans. Yet, until these vehicles become the norm on the road, human error will continue to cause serious harm to innocent individuals. To see an example of one such instance, one need only refer to one of our most recent blog posts where a woman suffered loss of limb and extensive hospitalization because of an accident caused by a distracted driver.

Tragically, these types of incidences are far too common. New Mexico residents are often hurt by those who are texting and driving, drunk driving, or simply driving while tired. The damages that can be caused by these wrecks can be quite extensive, too, ranging from physical pain and suffering to emotional turmoil and financial losses in the form of medical expenses and lost wages. Figuring out how to recover from these damages can be totally overwhelming for victims and their families. Fortunately, competent legal professionals, like those at Martinez Hart Thompson & Sanchez PC, stand ready to help these victims fight for the compensation to which they are entitled.

Competent legal representation for premises liability claims

A few weeks ago on the blog we discussed the duty of care owed to individuals who enter onto the premises of another. The entrant's classification can affect how the applicable duty of care is applied, which means it could make it easier or harder to succeed on a premises liability claim. Regardless of one's status, though, pursuing one of these claims can be difficult, especially when the defendant is a business. These entities, in an effort to protect their money and their reputation, oftentimes go to great lengths to put these matters to rest. This may mean taking the case to trial, or it may mean offering a settlement that is much less than the case is worth.

In either instance, if you have been injured while on the property of another, then you need to make sure that you are protecting your claim as fully as is possible given the circumstances. This means gathering all pertinent physical evidence in the form of medical records, photographs, and videos. It also means speaking with all potential witnesses to determine who will be beneficial to your claim, and who could hurt your legal arguments.

Can I sue the government after an injury on federal property?

Imagine you enter a federal office building, and while you're riding in an elevator things go haywire. The elevator lurches upward so fast that you take a serious tumble and injure yourself. Such an accident was clearly not your fault, but can you sue the federal government to recover damages?

The short answer is, yes, you can sue the federal government for premises liability damages in many cases under the Federal Tort Claims Act (FTCA).

New Mexico woman's life devastated by distracted driver

Previously on this blog we discussed the dangers of distracted driving. Although this form of negligence has been around for as long as cars have, distracted driving that involves technology has really taken off over the last decade. At almost any moment, you can glance to your left or right and see another motorists engaging their cell phone while operating their vehicle. Sure, discussing the matter helps raise awareness, but sometimes it takes a real life story to give individuals a clear sense of the ramifications such actions can have.

One Albuquerque woman was walking her dog almost a year ago when a driver who was texting and driving hopped a curb and struck her. The vehicle dragged the woman before it ran completely over her. The accident left the pedestrian with a traumatic brain injury and spinal damage that affected her memory and the ability to move her fingers. Her left leg was also severed and her abdomen was cut open in the wreck. Her other leg was broken, as was one of her arms, her shoulder, and her jaw. Nearly a year later, this woman is still unable to feed and clothe herself, and she remains incontinent.

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Albuquerque, NM 87104

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