Serious personal injury, medical malpractice and/or the wrongful death of a loved one are highly personal family tragedies attended by a sense of loss no one should have to bear. Attorney Lisa Ford and the law firm of Wagner, Ford & Associates, P.A. offer compassion and understanding--while providing support, guidance and legal representation of the highest order.

The Firm has a well-deserved reputation as one of the most effective and highly respected personal injury law firms in Albuquerque and throughout New Mexico within the following areas:

• Wrongful Death Cases
• Medical Malpractice
• Products Liability
• Medical Accidents
• Negligence
• Traumatic Brain Injury
• Burn Injuries
• Spinal Cord Injury
• Premises Liability 
• Automobile Accidents
• Insurance Claims
• Serious Personal Injury Cases

Wagner, Ford & Associates, P.A. has handled many significant and high-profile cases, and consistently strives to fight injustice, expand the rights of personal injury clients and make important changes in the law.  In the legal community, the Firm is recognized for its preparation, attention to detail and zealous advocacy for its clients.  Members of the Firm regularly appear before the New Mexico Appellate Court and New Mexico Supreme Court, enforcing significant and important changes in the way municipalities, physicians, commercial landowners, employers and insurance companies treat personal injury and wrongful death victims throughout the state.  When you contact Wagner, Ford & Associates, you ensure that you and your loved ones will be treated with dignity, compassion and respect, and your case will receive the full commitment of a highly skilled, trusted professional.

“Serious injury cases require hard work, creativity and the toughness to fight for the client’s rights.  While most cases are solved through negotiations or mediation, we recognize that the client only gets a full and fair recovery when we conduct a full investigation, and are prepared to take the case to trial.”

-Albuquerque Personal Injury Attorney Lisa Ford

If you or someone you know in Albuquerque or throughout New Mexico needs the assistance of an experienced personal injury lawyer, please contact Wagner, Ford & Associates, P. A. today at 505-242-6300, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Medical Malpractice:
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

• Birth Injury: Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e., failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus. If you have been injured because of improper medical care you may have a claim against the obstetrician/gynecologist who treated you. However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.
• Cerebral Palsy: Cerebral palsy is permanent brain injuries that affect an infant in the womb, during birth, or in the months following birth and is one of the most common birth injuries in the United States. Cerebral palsy patients are subject to limited motor skills, speech difficulties and learning disabilities. When cerebral palsy occurs as the result of medical malpractice, the responsible party inflicting said injuries can be held legally responsible. Examples of medical malpractice during delivery include leaving the baby in the birth canal too long resulting in oxygen deprivation, and/or failing to perform or delaying a necessary C-section.
• Anesthesia Negligence: Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.

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. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.   

Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the 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.

Burn Injuries:
People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions or electric shock, as well as accidental exposure to harmful chemicals and radiation.

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.

Insurance Claims:
Insurance claims are a notice for reimbursement from an insurance company when the insured has suffered a loss that is covered under the insurance policy. Insurance companies cannot refuse to pay a customer's claim without "reasonable justification". This means that an insurance company must engage in a reasonable investigation and pay legitimate claims in a timely manner. If an insurance company fails to handle its customer's claim properly, it may be held accountable for resulting economic losses, including lost wages, interest on money the insured borrowed to cover expenses while insurance benefits were wrongfully withheld, and loss due to damaged credit.

Defective Products:
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the general stream of use and commerce. Products liability cases may include defective or poorly designed machinery, tools, vehicle defects, safety devices, emergency equipment 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.

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 an accident case, the following elements must be present:

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

The general rule in most jurisdictions 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 which the decedent would have made to his or her spouse, children and/or parents had he or 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, companionship, comfort, affection, society, solace or moral support.

If you or someone you know in Albuquerque or throughout New Mexico needs the assistance of an experienced personal injury lawyer, please contact Wagner, Ford & Associates, P. A. today at 505-242-6300, or complete the contact form provided on this site to schedule your free consultation.

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.  For more information about your specific case, please contact Wagner, Ford & Associates, P.A. today at 505-242-6300, or complete the contact form provided on this site to schedule your free consultation.

What is a tort?
A tort is a civil wrong recognized by law as grounds for a lawsuit. Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). These wrongs result in an injury or harm constituting the basis for a claim by the injured party (tort litigation).

What is personal injury?
Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of New Mexico. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

• Auto Accidents
• Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
• Burn Accidents
• Construction/On the Job Accidents
• Dangerous or Defective Products 
• Dog/Animal Bites
• Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
• Nursing Home Abuse and Neglect
• Slip and Fall Accidents/Premises Liability
• Spinal Cord Injury
• Toxic Exposure
• Traumatic Brain Injury

How do I begin a medical malpractice lawsuit?
If you think that you have a valid medical malpractice lawsuit, it is wise to seek out an attorney who specializes in medical malpractice. Medical malpractice is an extremely complicated area of law that raises many complex and intellectually difficult legal and medical issues. The attorneys of Wagner, Ford & Associates, P. A. are skilled and dedicated to fighting medical malpractice and provide a free initial consultation to determine whether your case is worthy of further investigation.  The Firm has a number of experienced experts who can determine not only whether the case is viable, but also how difficult the case will be to try before a jury.

Do I have a malpractice case against a doctor who prescribed a drug without informing me it's experimental?
All physicians have a duty to inform their patients that any prescribed drugs are a part of an experimental program, and subsequently, all patients have the right to refuse to participate. Patients who have consumed experimental medication have grounds for a claim against the physician based upon their failure to obtain "informed consent" prior to treatment.

How do I know if I need an attorney?
If you have been seriously injured 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.

How much do the attorneys of Wagner, Ford & Associates, P. A. charge for personal injury, medical malpractice or wrongful death counsel?
Wagner, Ford & Associates, P. A. has very competitive prices, which fall within the range of the industry standard and tailors fee arrangements for each client's needs. Due to the nature of law, each case is unique and the Firm supplies various fee structures to accommodate each client and each client's case based upon:

• Contingency
• Retainer
• Deposits
• Set Fees
• Billable unit rates or any combination of the above

The attorneys of Wagner, Ford & Associates, P. A. give every case individual attention and will work with you to find the best rate plan. There will be no hidden costs. You will be informed of the fees for your case during your first meeting.

Professional Profiles

The experienced personal injury attorneys of Wagner, Ford & Associates, P.A. provide aggressive representation to injury victims through a practice dedicated to serving residents of Albuquerque, Rio Rancho, and surrounding areas of New Mexico.

If you or someone you know needs the assistance of an experienced personal injury lawyer, please contact Wagner, Ford & Associates, P. A. today at 505-242-6300, or complete the contact form provided on this site to schedule your free consultation.

FIRM ADDRESS:
Wagner, Ford & Associates, P.A.
200 Lomas Blvd., NW, Suite 850
Albuquerque, NM 87102
Phone: 505-242-6300
Hours: M-F, 8:00AM-5:00PM

Lisa Ford, Attorney

EDUCATION:
University of New Mexico, J.D., 1990
University of New Mexico, B.A., 1987

COURTS ADMITTED:
New Mexico, 1990

PROFESSIONAL MEMBERSHIPS:
State Bar of New Mexico
New Mexico Woman's Bar Association (Member, Board of Directors, 1993)
National Association of Woman Lawyers (Recipient, Outstanding Graduate Award, 1990)
National Institute of Trial Advocacy (Graduate)
National Trial Lawyers Association
Defense Research Institute

PRACTICE AREAS:
Personal Injury
Medical Malpractice
Products Liability
Premises Liability
Insurance Litigation
Truck Accidents
Civil Rights
Government Risk Management

Kenneth R. Wagner, Attorney

EDUCATION:
University of Tulsa, J.D., 1975
Hastings College of the Law, University of California, Certificate of Advocacy, 1977
University of New Mexico, B.A., 1970

COURTS ADMITTED:
New Mexico, 1976
U.S. court of Appeals, Tenth Circuit, 1976

PROFESSIONAL MEMBERSHIPS:
Albuquerque Bar Association
State Bar of New Mexico
New Mexico Trial Lawyers Association
Association of Trial Lawyers of America

PRACTICE AREAS:
Personal Injury
Medical Malpractice
Products Liability
Employment Litigation
Civil Rights