New Mexico Injuries

FAQ | Glossary | Learn

ESPANOL ENGLISH

Search results for “evidence preservation”

20 results

He says he'll sue you for defamation if you file - that threat usually means something

A Las Cruces long-haul driver with a warehouse-style shoulder injury is being bullied with a defamation threat, and the real fight is over records the company may already be trying to bury.

ARTICLE by Sandra Quintana

So you missed treatment for a while and now the insurer is acting like your case is dead

A treatment gap after a crash in Las Vegas can slash the value of a claim fast, especially when the insurer is already hiding behind an arbitration clause.

ARTICLE by Debra Runyan

A little speed in Roswell doesn't excuse a driver who T-boned you

A retail worker with a broken leg and shattered kneecap can still have a strong New Mexico injury claim even if some doctor records are incomplete or missing.

ARTICLE by Jake Patterson

mitigation of damages

What you do after an injury can directly affect how much money you recover. Even when someone else caused the harm, a claim can lose value if the injured person lets avoidable...

Like a household budget after everything goes sideways, this is a line-by-line forecast of what an injured person will need to stay alive, functional, and as independent as...

bellwether trial

A bellwether trial is a test case used to help predict how similar lawsuits may turn out. "Test case" does not mean fake, minor, or less important. It is a real lawsuit,...

A 25/50/10 crash policy does not let a Las Cruces nursing home off the hook

When an elderly patient declines in a nursing facility after a car wreck, the tiny auto policy and the neglect claim are usually two different problems, not one.

ARTICLE by Raymond Tsosie

Why does their insurer want my old therapy records after a Clovis pothole crash?

With New Mexico's mental health parity and telehealth coverage rules now well established, insurers have fewer clean ways to dismiss anxiety or PTSD treatment as "not real...

loss of consortium

It can add real value to a case because it covers harm that does not show up on a medical bill or pay stub: the damage an injury does to a close family relationship....

day-in-the-life video

Insurance companies and defense lawyers often try to frame this kind of video as staged, emotional, or misleading. They may argue it captures only a bad day, leaves out what...

collateral source rule

A person who caused an injury usually cannot reduce what they owe just because the injured person had help from another source, such as health insurance, Medicare, workers'...

special damages

What counts as money you can actually add up after an injury? Special damages are the measurable financial losses caused by an accident or wrongful act. They usually include...

hedonic damages

Not medical expenses, not lost pay, and not the same thing as ordinary pain and suffering. Hedonic damages are money meant to account for the loss of enjoyment of life after an...

The biggest trap is thinking "treble" means a standard payout in any serious case. It does not. Treble damages are a legal penalty that allows a court to award three times a...

This is the second wreck that's left me scared to drive in Albuquerque

A physical therapist with real PTSD symptoms after a crash on government property can still have a claim fight left, but missing New Mexico's notice deadline is where cases get wrecked fast.

ARTICLE by Raymond Tsosie

plaintiff fact sheet

Defense lawyers and insurers often treat this as a tool for finding inconsistencies, gaps, prior injuries, missed treatment, or anything else they can use to question...

A court-issued command that cuts off certain future claims or lawsuits, usually so a settlement can go forward without later being undone by side disputes. Most often, a bar...

Can one Facebook post wreck my Farmington injury claim?

Yes. One post can seriously damage a New Mexico injury claim if it undercuts the injury, the timeline, or who was at fault. In the first 48 hours, the worst mistakes are...

Why does the Las Vegas insurer keep asking for my husband's phone records?

Because they are looking for distraction evidence, not just crash facts. From the insurance company's perspective, phone records sound routine. They may say they only want to...

New Mexico Insurance Issues After a Lyft Accident

If you were in a rideshare crash in New Mexico, telling the truth about being on the app does not automatically ruin your case, but it does decide which policy fights over your bills.

ARTICLE by Yvette Baca