Collins Attorneys Legal Blog
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Task Number 1 in an Auto Accident – Prove the Fault of the Other Driver!
In order to successfully bring a personal injury action for a car accident, you must first show that the other party was at fault for your injuries. Without the other party‘s fault,…
February 22, 2013 -
Regarding Statute of Limitations Issues in New Mexico, a Rose is a Rose…
The recent New Mexico Court of Appeals case of Badilla v. Walmart addressed the appropriate statute of limitations to apply to a personal injury case where the case is brought under a…
February 20, 2013 -
Legality of Under-Clothing Search Incident To Arrest Dependent on Circumstances
The 2011 New Mexico Supreme Court decision in State v. Williams addressed the legality of an under-clothing search incident to arrest. The Court found the search under the crimustances of the case…
February 18, 2013 -
Medical Malpractice Claim for Failure to Treat
In New Mexico, a doctor may be liable in a medical malpractice lawsuit if the doctor failed to follow standard medical practices in discovering and treating a medical condition. Medical malpractice is…
February 11, 2013 -
7 Important Tasks and Considerations in an Auto Accident
There are a number of very important considerations in a New Mexico car accident. In cases of minor injuries and damages, you may be able to effectively deal with the insurance companies…
February 1, 2013 -
No Statute Of Limitation Protection Where Wrong Health Care Provider Named Before Medical Review Commission
When a person is injured, he or she has a certain time limit for filing a lawsuit. This is referred to as the statute of limitations. In New Mexico, the length of…
December 10, 2012 -
New Mexico Premises Liability (Slip and Fall) Claims on City Sidewalks
Governmental entities own and/or controls vast amounts of property in New Mexico. This property includes public buildings, schools, playgrounds, parks, streets and so on. It also includes thousands upon thousands of miles…
December 4, 2012 -
Improper Hearsay and the Value Goods in New Mexico Shoplifting Cases
In the case of State v. Cofer, the New Mexico Court of Appeals considered the use of improper hearsay testimony to establish the market value of stolen goods. In June 2008, the…
December 3, 2012 -
Warrantless Entry and Search of a Home Under Exigent Circumstances
Under the Fourth Amendment of the U.S. Constitution, individuals are protected from unreasonable searches and seizures that are not accompanied by a warrant or supported by probable cause. There are a small…
November 29, 2012 -
Nursing Home Arbitration Provisions Must Not be “Unfairly” One-Sided in New Mexico
Many nursing home contracts, which a new resident is required to sign, contain a binding arbitration clause. An arbitration agreement is a contract stating that, if a dispute arises, the parties will…
November 27, 2012