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

Car accidents can lead to serious injuries

Broken bones are commonly suffered in car accidents. Depending on the particular bone or bones broken, an individual can experience varying severities of pain and physical limitation. While some broken bones may heal relatively quickly and be more of an inconvenience than anything else, other broken bones can be extremely painful and cause long-term discomfort.

What is an "attractive nuisance"?

Children are perhaps the most vulnerable amongst us. Parents will do just about anything to ensure their children's safety, but sometimes their safety is out of their control. When the negligence of another results in harm to a child, the child's parents may be able to take legal action to pursue accountability and compensation.

One way to do this is to pursue a claim on the legal theory of "attractive nuisance." Generally speaking, the law disallows people from owning things that draw children in and poses a threat to them. When property owners do own these items that are attractive to children, they must take special precautions to ensure child safety. This law seeks to account for the fact that children don't fully comprehend dangers posed to them.

Man seriously injured in hit-and-run accident

When Albuquerque residents think of motor vehicle accidents, they probably envision those that involve two cars or a car and a truck. But, car accidents can take many forms and involve a variety of different vehicles, bicycles and even pedestrians. Those who are without the protections afforded by a motor vehicle, like a car or truck, which might include air bags and structural designs, are often at an increased risk of being injured or killed in one of these crashes. This means that the physical, emotional and financial damages thrust upon them can be crippling.

This may be the case for one man after an accident here in Albuquerque. Reports indicate that the man was driving a scooter when he was struck by another vehicle. The scooter driver was critically injured. The driver of the other vehicle fled the scene, and the police are now asking for the public's help in locating that driver.

3 wrongful death scenarios you may see in your lifetime

A wrongful death is devastating. One person loses the ability to live, but many others are negatively affected. Loved ones, friends and family members all have to handle the sudden shock of losing someone they were close to.

A wrongful death has many effects from putting people in debt to cover expenses to leaving children without a guardian. They happen too often. Here are a few ways a wrongful death might impact you in your lifetime.

Man slips on chile, files premises liability lawsuit

Most Albuquerque residents have been to the grocery store and notice something spilled. Whether it is soda, juice, milk, eggs, sugar or even something like a jar of pickles, these items can create a slippery floor. When unsuspecting customers step on these spills, they can slip and fall, resulting in serious injuries.

This was the case for one man who was injured while in a Santa Fe store, according to a recent report. Since suffering injuries in his fall, the man has filed a premises liability lawsuit. The man claims that he suffered injuries to his neck, shoulder, back and knee after stepping on and slipping on a green chile pod. To support his lawsuit, the man makes a standard premises liability argument, which essentially states that the store failed to take adequate steps to identify the hazard and either remedy it or warn customers of it. This is a standard duty of care that property owners generally owe to those who they invite onto their premises.

Untreated sleep apnea can cause serious truck accident

Tired drivers are dangerous drivers. Their ability to quickly react to changing road conditions can be seriously compromised, increasing the chances that they will cause a serious car accident. Unfortunately, when these accidents involve semi-trucks, the results can be horrific, leaving victims with extensive damages that can be challenging, if not impossible, to overcome.

The good news is that federal regulations seek to prevent tired truckers from taking to the road. Yet, these regulations are far from perfect. To start, regulations can help deter bad actors, but it can't truly stop someone who decides to go against those regulations. Second, there are a number of loopholes in the regulations that could leave innocent motorists susceptible to being involved in an accident caused by fatigued driving.

The right approach to wrongful death cases in Albuquerque

There's a lot at stake in a wrongful death lawsuit. For a surviving family member, the outcome of the case can have a profound impact on one's feeling of closure and justice. For the other side, the matter can have drastic consequences for a defendant's reputation. Additionally, both sides have a lot of financial stakes involved when dealing with one of these legal claims.

In order to position yourself for success on a wrongful death lawsuit, you need to be able to competently present evidence, argue the facts and the law and be persuasive in the presentation of your case. Evidence will need to be discovered and carefully analyzed, and witnesses will need to be identified and prepared before ever stepping foot into a courtroom on the day of trial. This can take an enormous amount of time and energy, not to mention legal know-how.

Why should I consider a wrongful death lawsuit?

After unexpectedly losing a loved one, the last thing you may want to think about is money. After all, the emotional pain caused to you may be overwhelming and difficult to cope with. This is completely understandable. Yet, in your time of grief you are probably also feeling anger at whoever is responsible for your loved one's passing. This one reason to focus on pursuing a wrongful death lawsuit, if the facts justify it.

By pursuing a wrongful death lawsuit, you can impose liability on a negligent party who caused your loved one's death. This provides accountability and can leave you feeling vindicated that fault for you loved one's passing has been placed on those who were responsible for it. In addition to imposing liability, you may be able to recover compensation which can both allow you to obtain financial relief while at the same time punish a negligent party for the harm he or she has caused.

5 major head injuries that can happen in a car accident

Car accidents are one of the main reasons for head injuries in the United States. Airbags, seat belts and other safety features attempt to lower the risk of a head injury, but accidents are violent, chaotic and unpredictable. These serious injuries still happen all the time.

They can change the course of your entire life. Even non-fatal head injuries may have lasting ramifications. To understand what shape this may take, consider the following five major types of head injuries:

The foundations of a slip-and-fall accident case

Chances are you have been to the grocery store at some point and have seen spilled liquid on the floor. Soda cases are dropped, causing cans to explode, eggs are dropped and broken, milk jugs leak and mopped floors remain moisture-slicked for several minutes. Most people are able to spot these spills from a distance and avoid them. Others, however, for whatever reason, don't see them and wind up slipping and falling on hard tile floors. This can leave them with serious injuries, including sprained muscles, torn ligaments and even broken bones. The recovery process can be painful and expensive, which is wholly unfair to these individuals.

This is why the law recognizes premises liability lawsuits. When an individual, such as a customer in a grocery store, is invited onto a property, the property's owner is making a promise that the premises are free of hazardous conditions or, if dangerous conditions do exists, they will be quickly recognized and remedied. These property owners also promise that customers will be warned of any hazardous conditions in a timely fashion in order to avoid slip-and-fall accidents.

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