Category / Medical Malpractice / Uncategorized
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Medicare Liens Including Medicare Set Asides Apply to Medical Damages Only!
By law, Medicare will claim a lien against any personal injury settlement for medical expenses paid for treatment related to those injuries. In addition, Medicare will claim a lien on future medical…
May 21, 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 -
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 -
Personal Injury Judgments: Winning and Collecting Can be Two Very Different Things
Now that you have gone through the legal proceedings and obtained a judgment for your damages, does payment follow automatically? Not necessarily. Whether you get paid depends largely on whether there is…
July 6, 2012 -
Dangerous Recreational Activities and Assumption of Risk
Assumption of risk is an often-used defense against personal injury tort claims involving a dangerous recreational activity or sport. These activities include things like skiing, snowboarding, bungee jumping, horseback riding, or skydiving.…
March 13, 2012 -
Fair Settlement of Personal Injury Claims is More Math than Wrath!
There are many myths surrounding personal injury claims. One persistent myth is the frivolous lawsuit. Related to the frivolous lawsuit myth is a basic misunderstanding of many concerning the ease of obtaining…
January 5, 2012 -
The Basics of Homeowner‘s Insurance
A home is often the single biggest investment one can make, and there are many types of risks associated with home ownership. The purchase of homeowners insurance can help minimize some risks,…
November 18, 2011 -
Consideration of Costs in Personal injury Claims
Costs can be significant in a personal injury claim. These costs can include the standard filing fees, depositions costs, travel costs, and so on. In addition, there can also be significant expert…
November 9, 2011