New Mexico Personal Injury Practice Areas and Legal Definitions

New Mexico Motor Vehicle Accidents:

Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Motor vehicle accidents can include:

• Automobile accidents
• Motorcycle accidents
• Admiralty and Maritime law
• Truck/SUV rollover/ATV accidents
• Aviation accidents
• Bicycle accidents
• Boating/Cruise ship/Yacht accidents
• Bus (commercial or school) Accidents
• Intersection accidents
• Pedestrian accidents
• Rear end collisions
• Semi-tractor trailer accidents
• Train accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

New Mexico Automobile Accidents:

New Mexico car accident Attorney Roger Wagman has years of experience and a successful track record representing clients who have suffered significant injuries in automobile accidents. His Firm works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. Attorney Wagman possesses a detailed comprehension of New Mexico's automobile insurance and liability laws and understands the different sources of recovery available to car accident victims and their families.

New Mexico Motorcycle Accidents:

Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road. The lack of any substantial protective barriers, as well as the difficulties other motorists may have in seeing or stopping for a motorcycle, leave riders prone to serious personal injury in the event of an accident. New Mexico personal injury Attorney Roger A. Wagman can advise injured riders of their legal rights and discuss the litigation options that are available.

New Mexico Traumatic Brain Injury:

Traumatic brain injury (TBI) is a medical phrase used to describe damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object, is frequently referred to as a "closed head injury." Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.

New Mexico Spinal Cord Injury:

Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida, and Friedreich's Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured.

New Mexico Construction Accidents:

Construction labor makes up one of the three most dangerous occupations in the U.S. today, each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment. Farming and manufacturing accidents, as well as the oil and gas industry can also cause serious injury and toxic exposure.

Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a personal injury attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.

New Mexico Wrongful Death:

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in New Mexico, the following elements must be present:

• Death of a human being caused by another's negligent or intentional conduct.
• Survival of family members who are suffering loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions that the decedent would have made to his wife, children and/or parents had he/she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.

New Mexico Dog/Animal Bites:

Every year, millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects. In New Mexico, the owner or keeper of a dog is strictly liable for his/her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.

New Mexico Slip and Fall/Premises Liability:

Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property. Premises liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions. Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

New Mexico Defective Products Liability:

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals, and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for products liability, and recover damages under one of the following categories: strict products liability, negligence, or breach of warranty.

If you or someone you know in Albuquerque, New Mexico needs the assistance or skilled legal counsel of an experienced serious injury lawyer, contact the Wagman Law Firm today at 866-435-1685 or complete the contact form provided on this site to schedule your free initial consultation.

New Mexico Personal Injury Frequently Asked Questions

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Wagman Law Firm, you can receive a personal consultation regarding your specific legal claim.

What financial compensation can I recover in a personal injury claim?

Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical bills
• Lost income, including overtime wages
• Pain & suffering
• Physical disability
• Disfigurement
• Emotional trauma
• Mental disability
• Property damage

What is the Statute of Limitations?

Every state has certain time limits called "statutes of limitations" that govern the period during which you must file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply do not have a case anymore.

Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations, for medical malpractice, suits against governmental agencies and wrongful death actions, is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact Attorney Roger A. Wagman.

How long will it take to settle my claim?

The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case, the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on their complexity.

What should I do if I have been injured in a slip & fall accident?

Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land, or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e., individuals visiting for business or pleasure. In such cases, the owner, company, or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.

What is Assumption of Risk?

If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue another person for negligence. For example, if you went to a friend's house and they told you not to go out the back door because the deck was being repaired and after being told you still went out the back door, you assume the risk. If you become injured in most jurisdictions, under the doctrine of the assumption of risk, you would most likely not be able to collect damages.

Another example of assumption of risk is participation in a sport in which certain risks are inherent to the game. For example, if you are playing football and you get tackled and break an arm, you may not sue the person who tackled you. On the other hand, if you are playing tennis and a fight breaks out and you are injured as a result of the altercation, you may be able to sue the person who injured you, since the assumption of risk does not cover any injury that was intentionally inflicted and was not an inherent part of the game.

How do I know if I need an attorney?

If you have been seriously injured in Albuquerque, New Mexico, or within the surrounding areas of New Mexico, and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. New Mexico laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay.

If you or someone you know in Albuquerque, New Mexico needs the assistance or skilled legal counsel of an experienced serious injury lawyer, contact the Wagman Law Firm today at 866-435-1685 or complete the contact form provided on this site to schedule your free initial consultation.

Professional Biography of New Mexico Personal Injury Attorney Roger A. Wagman

Roger A. Wagman provides aggressive representation through a law practice dedicated to serving Albuquerque and Santa Fe residents who have been injured as a result of another person's negligence. Attorney Wagman has extensive trial experience and personally handles each client's case.

Please call the Wagman Law Firm today at 866-435-1685 or complete the contact form provided on this site to schedule your free initial consultation with a trusted New Mexico serious injury lawyer.

Firm Address:

Wagman Law Firm
2014 Central Avenue, SW, Suite F
Albuquerque, NM 87104-1467

Telephone: 866-435-1685

Inquiries accepted 24 hours a day
Evening and Weekend Appointments Available
Free Initial Consultations

Roger A. Wagman, Attorney

Roger A. Wagman received his B.A. from Tulane University and his M.A. from Bryn Mawr College, graduated from Tulane Law School and is admitted to practice before all state and federal courts in New Mexico.

Professional Affiliations:

• New Mexico Bar Association
• New Mexico Trial Lawyers Association
• American Trial Lawyers Association
• Albuquerque Bar Association
• Trial Lawyers for Public Justice

Published Works:

• Pre-existing Conditions- How to Beat an Aggravating Defense , NMTLA Seminar: "Reducing the Fear of Jury Selection and Other Hot Topics"
• Expert Witnesses in Personal Injury Cases , N.B.I. Seminar: Advanced Personal Injury Practice in New Mexico

Reported Cases:

• State v. Ewing, 97 N.M. 235, 638 P.2d 1080 (1982)
• O'Kelly v. State, 94 N.M. 74, 607 P.2d 1314 (1980)
• State v. Moore, 94 N.M. 503, 612 P.2d 1314 (1980)
• State v. Ruiz, 94 N.M. 771, 617 P.2d 160 (Ct. App. 1980)
• State v. Sanchez, 95 N.M. 27, 618 P.2d 371 (Ct. App. 1980)
• State v. Vigil, 97 N.M. 749, 643 P.2d 618 (Ct. App. 1982)
• State v. Wise, 95 N.M. 265, 620 P.2d 1290 (1980)
• State v. Trujillo, 99 N.M. 251, 657 P.2d 107 (1982)
• Muckey v. N.M. Dept. of Human Services, 102 N.M. 265, 694 P.2d 521 (Ct. App. 1985)
• Fireman's Insurance Co. of Newark, N.J. v. Bustani, 105 N.M. 760, 737 P.2d 541 (1987)
• Woods v. Asplundh Tree Expert Co., 114 N.M. 162, 836 P.2d 81 (Ct. App.), cert. denied, 113 N.M. 744, 832 P.2d 1223 (1992)

Practice Areas:

• Personal Injury
• Automobile Accidents
• Trucking Accidents
• Construction Injury
• Occupational Disease Cases
• Chemicals Exposures
• Asbestos
• Mining cases
• Black Lung and Lung Diseases
• Traumatic Brain Injury
• Spinal Cord Injury
• Wrongful Death
• Insurance Claims
• Motorcycle Accidents
• Bus Accidents,
• Alcoholic Beverages and Bar liability
• Products liability
• Food & Agricultural Products
• Machinery & Tools
• Motor Vehicle Defects
• Premises Liability, Slip and Fall, Trip and Fall

The Wagman law firm has represented clients in recent years in the following types of cases.

1. CONSTRUCTION INJURY

Our client was an ironworker who was performing work on an airplane hanger. He fell while working on the roof to the concrete floor below. He suffered facial fractures and sustained a traumatic brain injury.

In addition to asserting a claim for worker compensation benefits, suit was filed against the general contractor for failure to require the use of a fall protection system.

2. AUTOMOBILE ACCIDENT-INSURANCE LITIGATION

Our client was a police officer who was responding to a call for assistance. He was severely injured when a vehicle pulled off of the road to the right, and then made a U-turn in front of him. As a result, the police vehicle was demolished and our client suffered a comminuted fracture of his leg. He underwent surgery for implantation of a rod in his leg.

In addition to asserting a claim for worker compensation benefits, this case was brought as an uninsured motorist claim. The issue litigated before an Arbitration Panel was whether our client was entitled to "stack", or add, the coverages for which separate premiums had been paid under the municipal insurance policy as an intended beneficiary of the coverages provided under that policy.

3. TRIP AND FALL

Our client was shopping at a department store. She tripped over display fixtures that that had been left on the floor in the middle of the aisle by one of the employees. She suffered a disc herniation of the thoracic spine for which she required an instrumented surgical fusion. She also suffered a knee injury which required surgery.

A lawsuit was filed against the department store for negligence.

4. DRAMSHOP LIABILITY (SUIT AGAINST A BAR)

Our client was a minor who was served alcohol at a bar along with other minors. Upon leaving the bar he left in a car being driven by one of the other minors who had been served alcohol. The driver lost control of the vehicle. Our client suffered fractures of his left and right arms, comminuted fractures of his left and right legs, fractures of his pelvis and sacrum, and a pneumothorax. After being air-lifted to a hospital he underwent multiple surgical procedures.

Suit was filed against the bar for allowing these minors to drink alcohol at the bar in direct violation of the law.

5. PREMISES (INJURY AT A BED & BREAKFAST INN)

Our client was a visitor from out of state staying at a Bed & Breakfast. She went to use the powder room located near the front desk in the lobby. The door to the powder room was closed and the light was not on. She attempted to locate the light switch, but there was no exterior light switch. As she opened the door and reached inside to find a light switch, she fell off of a single, unexpected, and unmarked step. She landed on the floor and sustained a severe injury to her spine.

Suit was brought against the B & B for negligently allowing a dangerous condition on the premises in a place of public accommodation.

6. BUS ACCIDENTS

Our client was on her way to work and was waiting for the bus. The city bus driver pulled into the designated bus loading area. Our client approached the bus. As she attempted to board the bus, the driver closed the door on her arm and proceeded to drive away. As a result our client tumbled to the ground and was run over by the bus. Our client suffered a left ankle open wound requiring surgery, a left distal fibula fracture, left second and fifth metatarsal fractures, and a right distal fibula fracture.

The claim was brought against the City under the New Mexico Tort Claims Act.

7. TRUCKING CASES

Our client was a passenger in a pick-up truck towing a U-haul trailer. He was traveling with a friend on Interstate Hwy 40 in New Mexico. A semi-trailer rear-ended their vehicle.

This crash was so severe that it is a miracle that the occupants of the pick-up survived. When the semi rear-ended the trailer, it torqued the trailer, which then torqued the pick-up truck, causing the vehicle to go underneath the sem-trailer where it was severed. Our client suffered bilateral fractures of the lower extremities with the right lower extremity open and left lower extremity closed; tibia/fibular fracture; and head injuries.

The claim was asserted against the trucking company.

8. OCCUPATIONAL DISEASE/MINING CASES

Our client worked many years in a mine. He began experiencing shortness of breath. A lung disease was diagnosed which was caused by the conditions at the mine.

The claim was asserted against the mine under the New Mexico Occupational Disease and Disablement Law.

9. HOMEOWNER INSURANCE/PREMISES CLAIMS

Our client?s child was placed temporarily with a relative due to economic necessity. While in the relative?s home, the child was sexually molested.

The claim was made against the relative?s homeowner?s insurance.

10. WRONGFUL DEATH

Our client was a patient being transported in an ambulance. The ambulance driver lost control of the vehicle, causing our client's death.

The claim on behalf of the estate was brought against the ambulance company.