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

Albuquerque, New Mexico, Personal Injury Blog

Finding a safe daycare: 6 red flags to warn you

It's time for you to go back to work, and that means your new bundle of love is heading off to daycare. You're not happy about separating from the baby every day, but finding a good daycare provider is the best way to balance your schedule and ensure that your baby gets proper care.

What you worry about is accidentally choosing a daycare that poses a serious risk. Will negligent staff members allow your child to suffer an injury? Do you have to worry about actual abuse? If you just meet with them for 10 minutes and glance around the facility, is that really enough time to determine whether or not these strangers are fit to take care of your precious child?

Vicarious liability claims may help cover full extent of damages

Many New Mexico residents find themselves driving in close proximity to semi-trucks on a daily basis. Fortunately, these individuals are usually able to avoid getting into a truck accident, but others are not so fortunate. Fatigued, intoxicated, and distracted truckers can swerve into oncoming traffic, fail to yield to oncoming traffic, or fail to stop in time to avoid a rear-end collision. Regardless of how these accidents occur, if negligence plays a role, then an accident victim may be able to recover compensation for his or her losses via a personal injury lawsuit.

Truck accidents often leave victims with damages that are so extensive that truckers are unable to cover those loses even when a court issues a judgement against them. Although this may be disheartening, the good news is that these victims may be able to recover compensation from a trucker's employer through vicarious liability. Under this legal theory, employers can be held liable for the negligent acts of their employees if certain elements can be met.

Pedestrian accident leaves Albuquerque girl dead

It only takes the blink of an eye for one's life to be forever changed. Oftentimes, these incidences have a ripple effect that affect an individual's loved ones. This is particularly true when a car accident leaves an unsuspecting individual either seriously injured or dead. In cases where an individual is wrongly killed, surviving family members may be looking for a way to find justice and closure.

One Albuquerque family may be in this position now after their 12-year-old daughter was killed in a pedestrian accident near her school. The wreck occurred in northeast Albuquerque at the intersection of two streets. According to reports, the girl was crossing the street after school hours, which is a time during which motorists are not cautioned by blinking lights that the area it is a school zone.

Deposition can be a powerful tool in wrongful death cases

Any time an individual decides to pursue a legal claim, he or she needs to be prepared with a plan to show the legal elements necessary in order to win their case. In most cases, a significant part of this plan is merely tracking down evidence and witnesses, then crafting compelling legal arguments. Thorough preparation is key, as surprises in the legal world are not a good thing. There are very specific things a plaintiff can do, though, to ensure that he or she avoids unexpected surprises when pursuing a wrongful death or personal injury claim.

One of the best ways to do this is to take depositions. Depositions are formal questionings of individuals who may be called as witnesses at trial. The process plays out similar to a trial in that witnesses are sworn in, questions are asked, and objections are made. However, there is no judge in the room, so even when objections are raised, a witness must still respond. Depositions are recorded, and transcripts are made available to the attorneys.

Aggressive attorneys who know how to handle premises liability

A few weeks ago on the blog we discussed a recent lawsuit involving a tennis player who was injured in a slip-and-fall accident. Although these incidences may seem relatively minor at first blush, they can actually leave you seriously hurt. Some injuries can even leave you with a disability or disfigurement. Many victims in these cases need extensive medical care, and the time they must take off from work to regain their health can lead to lost wages. Additionally, their injuries may cause long-term pain that can be difficult to cope with.

As we discussed in regard to the tennis player's case, though, if you are hurt by a dangerous property condition that exists on the premises of another, then you may be able to successfully seek compensation for your damages. Certain legal elements must be met first, though. Amongst these are establishing your status to be on the property, as invitees are afforded more protections than trespassers. You must also establish that the property owner knew or should have known, through taking reasonable precautions, of the hazard and failed to take remedial action.

6 key trampoline safety tips

Children love trampolines. Entire indoor facilities have sprung up to offer kids (and even adults) opportunities to jump in any weather. Families buy trampolines of all sizes, including smaller ones for in-home use by toddlers and large ones that take up half of the back yard.

As much as kids love trampolines, they can also be very dangerous. Did you know that roughly 246,875 children get hurt badly enough each year from jumping on trampolines that they need to go to the hospital? That does not count injuries that are minor and don't warrant an emergency room visit. Three out of four children who get hurt are under 15 years old.

Establishing the standard of care in medical malpractice cases

Even though hospitals are often thought of as places of healing, they are sometimes places where the unthinkable happens. Some patients are subjected to negligent, reckless, or intentionally harmful care. This substandard care can come in many forms, including failure to diagnose, surgical errors, and medication errors. When this negligent care results in the death of a patient, his or her family can be left facing significant damages that are emotional and financial in nature.

Although surviving family members may be able to recover compensation for their losses through a wrongful death lawsuit, they first must prove that the medical professional in question failed to provide the applicable standard of care. Generally speaking, the applicable standard of care is one that a practiced individual in the field would adhere to when it came to his or her care, expertise, and skill.

Emotional distress after a car accident

As tragic as it sounds, a car accident can be a defining moment in an individual's life. A wreck can leave a victim with serious injuries, some of which can be debilitating in nature. Some of these individuals are even left with permanent disfigurement. Additionally, accident victims are oftentimes subjected to financial losses that they didn't expect, including, but not limited to, medical expenses, rehabilitation costs, and lost wages. Taken together, these damages can take quite a toll.

As if that isn't enough, those who are injured in a car accident can suffer emotional harm. These emotional damages can be difficult to identify since they're not as readily evident as physical injuries, but that doesn't mean that they can't have a serious impact on an individual's life. In fact, signs of emotional trauma can include difficulty with sleep, weight issues, irritability, embarrassment, long-term fatigue, and social withdrawal. Almost 10 percent of car accident victims wind up being diagnosed with post-traumatic stress disorder.

Truck accident leaves two dead in New Mexico wreck

Although state laws and local, state, and federal regulations attempt to make driving a safe endeavor, the fact of the matter is that it only takes a split second for a mistake to turn tragic. Sometimes these errors take the form of distraction, such as by engaging a cell phone, while other mistakes are caused by something equally serious, like drunk driving. Regardless of how these accidents occur, though, they can leave victims and their families reeling in the aftermath.

Two New Mexico families may be struggling to find a way forward after a truck accident left two men dead. According to the state police, the 39-year-old and the 60-year-old were killed after a semi-truck struck their pickup truck head-on. Reports state that the semi-truck crossed the center line and hit another big rig before striking the pickup. The exact cause of the wreck is still under investigation, but the authorities indicate that alcohol is not believed to have played a role.

Tennis player wins premises liability lawsuit

Most Albuquerque residents don't think twice before stepping onto the property of another. Whether it be a grocery store, a friend's house, or an entertainment venue, most of us simply assume that the property is safe. In the vast majority of instances, these premises are kept safe from hazardous conditions. In many other cases, though, property owners fail to remedy dangerous conditions that they either knew about or should have known about. When this happens, unsuspecting visitors can wind up suffering extensive harm.

This was the situation for tennis star Genie Bouchard, who suffered a concussion after a slip-and-fall accident in 2015. The incident left her unable to participate in the U.S Open that year, where she was seeded 25th, and she has since dropped to 116th. The incident occurred when Bouchard walked into a dark training room and slipped on a floor that was covered in cleaning fluid. She then fell, hitting her head on the floor.

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Albuquerque, NM 87104

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