A successful lawsuit may give families a sense of closure and can also create consequences for those who harm others through their bad behavior. However, there are rules that limit wrongful death lawsuits in specific ways that should be understood by anyone who is seeking to file for this kind of relief.
Plenty of people may feel profound grief and experience provable consequences when someone dies unexpectedly. However, only one party technically has the legal authority to file a wrongful death lawsuit. Under New Mexico law, such claims typically come from the personal representative of the deceased person’s estate. While family members may receive proceeds from the lawsuit, they cannot initiate litigation.
The grief of losing someone may last for years and permanently alter people’s personalities. The right to take legal action does not persist indefinitely after someone’s untimely passing. The law in New Mexico typically requires that people initiate a wrongful death lawsuit within three years of someone dying. Failure to do so would very likely lead to a loss of the ability to hold a business or person accountable. Only in rare circumstances where new evidence comes to light years later are wrongful death lawsuits possible when the timeline extends beyond the three years indicated in the statute of limitations.
To successfully hold a business or individual responsible for someone’s death, the plaintiffs in a case need clear evidence. New Mexico law generally requires proof that the death is a result of either negligence or wrongful acts. Wrongful acts may include criminal activity and regulatory infractions. The standard for such evidence is lower than it would be in criminal court. Families that could not convince the state to bring charges against a party could still obtain justice through civil litigation in some cases.
Understanding the rules that govern wrongful death lawsuits may empower grieving families in New Mexico to seek justice in civil court.
]]>But that does not mean that all truck drivers are safe in all circumstances. Some drivers will face outside pressure, such as financial pressure, that may cause them to make unsafe decisions. In fact, the way that truck drivers are paid can often play a role.
The issue is that many truck drivers are paid by the mile. The average is between $.028 and $0.40 for every mile that they cover during a shift.
For the trucking company, this works well because they’re just paying for productivity. But it can cause issues for the driver.
For example, say that the truck driver gets stuck in traffic. They’re not moving, so they’re not earning any money. But maybe they have financial issues in their personal life. Perhaps they’re close to missing mortgage payments, they’re worried about foreclosure and they realize that they’re going to lose too much money while they’re stuck in the traffic jam. Does this make them more likely to drive aggressively to get out of that traffic or to break the speed limit after the fact, as that is the only realistic way for them to increase their wages?
In this sense, trucking companies may pressure drivers to act unsafely, causing serious accidents. Those who have been injured in these accidents need to know about all of their legal options to see compensation for medical bills and other significant costs.
]]>How can you tell that an injury is getting infected? Maybe you suffered a serious laceration in a car accident, a bike accident or a dog bite incident. What should you look for? Below are some common signs that a cut or wound may be infected.
These signs alone don’t always mean a cut is infected, but they can be a red flag indicating that you should talk to a doctor.
Prompt medical care may be necessary if you notice these signs and symptoms. An untreated infection can get worse and may even be fatal, so you do not want to delay. Naturally, the medical care that you need after such an injury can be very expensive. Be sure you know how to seek financial compensation if your injury was caused by another’s recklessness, negligence, or intentional conduct.
]]>Unfortunately, they’re becoming more and more frequent. Between 2010 and 2014, there were about 375 deaths each year from wrong-way accidents. Between 2015 and 2018, there were around 500 deaths each year from the same problem, which represents a 34% increase.
It’s a complex issue without any easy answers, but there are some likely possibilities:
Whatever the causes, there’s no question that wrong-way wrecks are among the most deadly. They take hundreds of lives and damage countless others each year. If you’ve been injured in a wrong-way crash caused by another driver or your loved one was killed, it may be time to find out more about your legal options.
]]>Spotting a TBI isn’t always easy, but failing to treat them can lead to severe repercussions. Because of this, everyone should familiarize themselves with a few points about these injuries.
One of the most shocking things for a person unfamiliar with TBIs is learning that the symptoms might not occur right away. These injuries can sometimes take days or weeks to produce signs that the victim will notice. It’s usually best to have a medical evaluation right away since some TBIs may be caught based on clinical symptoms.
A direct hit to the head isn’t necessary for a TBI to occur. For example, the violent front-to-back motion of the head in a head-on collision can cause the brain to slam against the skull. Even though the head doesn’t hit anything, the damage to the brain can result in a TBI.
TBIs can produce long-term effects, such as recurrent headaches or sensitivity to lights and sounds. For some, the risk of chronic traumatic encephalopathy, a fatal and undetectable brain deterioration, is present due to multiple TBIs in their lifetime.
The medical care necessary after this type of injury can be costly. Those who suffered a TBI due to the negligence of another party may choose to file a legal compensation claim. Working with someone who understands these matters is beneficial to ensure your rights are protected.
]]>The Fraud Against Taxpayers Act expands on a prior New Mexico State Statute called the Medicaid False Claims Act. Both of these laws make it illegal for individuals or businesses to submit fraudulent financial claims to the government. These rules apply to Medicaid and to any other state-funded programs.
What exactly does the Fraud Against Taxpayers Act establish?
Those accused of making fraudulent claims to government agencies or against government insurance programs will likely face financial penalties if the matter goes to court. However, bringing such matters to light can be a challenge. Therefore, the Fraud Against Taxpayers Act specifically protects individuals who work for organizations that engage in fraudulent activity. The law creates a qui tam lawsuit system. A qui tam lawsuit is a legal action technically brought on behalf of another party.
In the context of the Fraud Against Taxpayers Act in New Mexico, the lawsuit would come from an employee who serves as a relator. They would gather evidence and file a lawsuit on behalf of the New Mexico state government against the company making fraudulent claims.
If the state government takes over the lawsuit and pursues litigation, the person who initiated the lawsuit could receive between 15 and 25% of what the government recovers as a reward for their efforts. If they continue the lawsuit without government support, that amount may increase to between 25 and 30%. The law also extends protection against retaliation to those employees. Their employers should not fire them or take other punitive workplace actions because they have spoken up about the fraud that they witnessed.
Effectively, workers should be able to take action to address billing fraud without putting their future income or employment at risk. Workers at healthcare offices, for example, may learn that sometimes their employer bills for appointments that don’t take place or overcharges, possibly by changing the billing codes or separating typically discounted services to bill for them separately at higher amounts.
When successful, these qui tam lawsuits can change company practices and reduce the impact of fraud on taxpayers. The workers who make use of these rules usually benefit from legal guidance when developing their cases and preparing to go to court.
]]>Every motorcycle accident is unique. Victims of motorcycle accidents may suffer from the following traumatic injuries:
When the head suffers a severe blow or strike, the brain can shake around the skull. As the brain shakes around, it could develop bruises. Brain bruises can swell and put pressure on the skull. A brain bruise is dangerous because it can damage brain cells and tissue, but it can also bleed.
When the brain bleeds, it can reduce blood flow and kill cells. A victim of brain bleeding may become dizzy, develop seizures and lose consciousness. The damage to the brain, the size of the bruise and the severity of the bleeding often determine whether a victim can recover from their injuries. Survivors often develop long-term medical conditions after brain bleeding.
Another injury that motorcyclists may suffer from is skull fractures. Skull fractures occur when the head suffers a hit and the skull breaks. A victim’s skull could cave in and put pressure on the brain and damage tissue and cells.
In more severe instances, the skull could break. Skull fragments could enter the brain and cause severe damage and bleeding.
In an accident, the spine could develop an injury that causes paralysis. Paralysis can prevent someone from feeling or moving their limbs. Paralysis affects people in many different ways. A victim may lose feeling in an arm or leg. Some people develop partial body paralysis that affects the upper or lower torso, or full-body paralysis that affects the entire body.
Victims of motorcycle accidents may need to learn about their legal options when seeking compensation.
]]>When injurious collisions occur, accurately determining liability is critically important, as this determination will affect the ability of one or both parties to seek compensation for their injuries.
Determining liability in a T-bone accident primarily hinges on right-of-way rules and the duty of care each driver owed at the time of the collision. For example, if one driver disregards a stop sign or a red light and enters an intersection, causing a collision with a vehicle that had the right of way, the driver who failed to stop is typically deemed at fault.
Similarly, when a vehicle is making a left turn at an intersection, it’s generally their responsibility to yield to oncoming traffic. If a driver fails to yield while turning left and collides with another car going straight in the opposite direction, the turning driver is usually found liable.
With that being said, drivers are not the only parties that can potentially be held liable for T-bone crashes. For example, in rare cases, traffic signals malfunction, leading both affected drivers to believe they have the right of way. Here, neither party may be wholly at fault. Instead, the city or company responsible for the signal’s maintenance could be held liable.
It’s important to remember that every T-bone accident occurs due to unique circumstances. It is, therefore, important to seek legal guidance before jumping to any conclusions about liability if you’re ever involved in an injurious T-bone collision.
]]>Why does this happen? Every accident is unique, so there are a lot of different factors to consider. Yet, there are some consistent concerns that tend to play a role in many fatal accident scenarios that take place on rural roads.
Rural roads often have higher speed limits and fewer speed enforcement measures compared to urban roads. The combination of higher speeds and limited enforcement can increase the frequency of collisions and the severity of accidents when they occur.
Rural roads are typically narrower, lack proper lighting and have fewer safety features like guardrails and median dividers. This can lead to a higher likelihood of accidents and more severe outcomes when they happen.
In rural areas, emergency response times may be longer due to greater distances between accident sites and hospitals or fire stations. Delayed access to medical care and proper treatment can increase the odds of fatalities. Many injuries – such as internal bleeding – have a much higher chance of leading to a fatality if medical care is not provided quickly. Access to care often takes just a few minutes in the city, but major delays can happen when rural accidents occur.
A related issue can be a lack of cell service. It may take much longer to even contact the authorities after a rural crash, as compared to one in an urban area where consistent cell coverage is the norm.
Some studies suggest that drivers engage in riskier behaviors on rural roads at higher rates, such as excessive speeding, not wearing seatbelts or driving under the influence of alcohol or drugs. It is true that these things also happen in the city. But the combination of higher speed limits and distant emergency services mean they are more dangerous activities on rural roads.
Even drivers who understand these risks and try to avoid them can be injured in accidents caused by other parties. By seeking legal guidance, these crash victims can better ensure that they can receive the maximum amount of compensation that they’re rightfully owed.
]]>There are ways to make the experience less stressful and safer for everyone involved. Consider these tips for navigating heavy traffic conditions with greater ease and less anxiety.
The first thing to remember in heavy traffic is to avoid rushing. Speeding and aggressive driving don’t usually get you to your destination much faster but significantly increase the risk of an accident. Keep a safe distance between you and the car in front, allowing enough time to react to sudden stops or shifts in traffic flow.
It’s tempting to lane-hop to move faster, but constantly changing lanes in heavy traffic doesn’t save much time and increases the risk of collision. Pick a lane that’s moving reasonably and stick to it. This also makes it easier for other drivers to anticipate your actions, creating a safer environment for everyone.
The slow pace of heavy traffic may seem like an excellent opportunity to check your phone, adjust your radio or dig for something in your glove box. Resist the temptation because distractions are one of the leading causes of traffic accidents. Even a second’s inattention can have severe consequences in close, slow-moving traffic.
Driving in heavy traffic will never be anyone’s idea of a good time, but following these tips can make the experience safer and less stressful. Remember, the most crucial goal is to get to your destination safely, even if it takes a little longer.
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