Fault & Liability
New Mexico — New Mexico Accidents
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Articles
Related Questions
FAQ
Is it worth filing if several insurers blame each other after a Las Vegas crash?
Yes - usually, especially in New Mexico, because fault can be split and you can pursue more than one source of...
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FAQ
Can they blame my dad after he swerved for a deer near Albuquerque?
The expensive mistake is believing the first fault story is final. From the insurance company's perspective, they...
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FAQ
Who pays if my employee hydroplaned into a Las Cruces garbage truck on a delivery?
What the insurance company does not want you to know is that this is usually not just one claim. In New Mexico,...
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FAQ
Car hit my stroller near an Albuquerque bus stop what do I do now?
In Texas, they would immediately size up whether they can block your claim if they say you were mostly at fault. In...
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FAQ
Who pays my brother's future medical bills after a Santa Fe grain truck crash?
For serious New Mexico truck-crash injuries, settlements often end up in the mid-five to low-six figures. That...
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FAQ
Can I still get paid after an Albuquerque hit and run with no plate?
Yes - the costliest mistake is assuming "no plate, no case" and never opening a UM/UIM claim on your own policy....
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FAQ
Apartment stair broke in Clovis, do I call insurance or sue?
Everyone says "just call the insurance company," but actually the insurer's goal is to close the claim cheaply and...
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FAQ
Can my husband get fired for claiming against a truck after a Roswell apartment crash?
If a delivery truck hit him at a Roswell apartment complex off North Main Street or near North Union Avenue, filing...
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FAQ
Is suing Roswell over a road work crash even worth the hassle?
90 days. That is the usual deadline to give written notice on a New Mexico claim against a city, county, or state...
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FAQ
Did I wait too long to file after my kid got hurt in a Clovis crash?
The worst mistake people make is assuming a child's case can wait forever because the kid is a minor. What should...
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FAQ
How much does New Mexico workers comp pay after an Albuquerque deer-crash injury?
What the ER doctor writes is your starting point. What the workers' comp insurer does with that note is try to turn...
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FAQ
Do I really have only 90 days to report a Farmington school zone crash?
Yes - if a New Mexico government vehicle or public agency may be at fault, missing the 90-day notice can destroy the...
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FAQ
Is a Roswell work van injury claim worth it if I'm still employed?
The one thing your employer or landlord is hoping you never find out is this: staying employed does not mean your...
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FAQ
Is chasing a Farmington landscaping truck claim worth it if I missed work?
You usually have 3 years from the crash date to sue in New Mexico, but trucking evidence can vanish in days and some...
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FAQ
How long do I have to sue for a slip and fall in New Mexico?
Usually, you have three years from the injury date to file a slip-and-fall lawsuit in New Mexico. If your spouse was...
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FAQ
Why does the Albuquerque dealer want my wrecked test-drive SUV before inspection?
The one thing the dealer and its insurer hope you never find out is that once the SUV is repaired, moved, stripped,...
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Key Terms
Glossary
slip and fall
Like stepping onto a patch of diesel on a shop floor that looks dry until your boots shoot out from under you, a...
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Glossary
duty to warn
A duty to warn is a legal obligation to give people a clear heads-up about a danger they may not reasonably notice...
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Glossary
trespasser
People often mix up a trespasser with a licensee. A licensee is on the property with permission, even if only for...
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Glossary
net to client
The part that trips people up most is that the settlement number you hear first is usually not the amount you...
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Glossary
contingency fee
Yes - 33⅓% to 40% is a common range, and that money usually comes out of the recovery, not out of your pocket up...
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Glossary
non-compete agreement enforceability
People often confuse this with a non-solicitation agreement. A non-solicitation clause limits a worker from...
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Glossary
invitee
Was the person who got hurt supposed to be there? If the answer is yes because the property owner invited them in...
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Glossary
Family and Medical Leave Act
The part that trips people up most is that this leave is usually unpaid. The Family and Medical Leave Act, or FMLA,...
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Glossary
costs vs fees
You'll usually see this split on a settlement statement, medical bill, or attorney contract as two separate lines:...
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Glossary
misclassification as independent contractor
People often confuse being an independent contractor with simply being paid by 1099 or working without a set...
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Glossary
EEOC complaint
Miss the deadline, say the wrong thing to HR, or assume an internal report is enough, and a strong workplace...
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Glossary
overtime exemption
The part that trips people up most is this: being paid a salary does not automatically mean a worker is exempt from...
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Glossary
retaliation claim
Defense lawyers and company insurers often try to shrink this into a "hurt feelings" complaint or say the employer...
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Glossary
disparate impact in hiring
A hiring rule can be illegal even when nobody says the quiet part out loud, if it screens out a protected group at a...
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Glossary
hostile work environment claim
Miss the warning signs, and months of slurs, threats, sexual comments, intimidation, or repeated humiliation at work...
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Glossary
wage and hour violation
You just got a letter that says your employer is "reviewing payroll practices" after workers complained about...
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Glossary
interactive process
What trips people up most is that this is not a one-time form, script, or magic phrase. It is an ongoing, good-faith...
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Glossary
brachial plexus injury
Think of a bundle of electrical wires running from the neck into the shoulder and arm. If those wires get stretched,...
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Glossary
waiver of inadmissibility
Insurance companies and defense lawyers may throw around a phrase like this to suggest an injured person has a shaky...
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Glossary
severance agreement
It usually shows up in a termination packet, an HR email, or a meeting where someone slides papers across the table...
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Glossary
retainer agreement
What the insurance company does not want you to know is that signing a lawyer's paperwork does not automatically...
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The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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