New Mexico's beautiful adobes and ghost towns could distract even the most diligent of drivers, which means car accidents, personal injuries and negligence cases abound. Then it's a game of figuring out where to pin blame and liability. Maybe it was you who got into an accident, or maybe it was a friend or relative. Whatever happens during your New Mexico adventures, if you need guidance for your personal injury case, Enjuris has the answers.
New Mexico Personal Injury Cases & Accident Info
New Mexico statutes online
This is where you’ll find New Mexico's revised statutes. The website has details about how long you have to bring a case, monetary limits on personal injury cases (which are also known as damage caps), and other important information.
In New Mexico, you have three years to bring a personal injury and four years to bring a property damage claim. That means you have three years to file your paperwork with the court, not that your case has to be completed in that time frame.
The initial meeting with a personal injury attorney is normally free of charge. (Note that other legal specialties, such as estate planning law or traffic law, are different.) After that, lawyers work on a contingency basis, which means that they will take a third of the eventual reward or settlement, plus whatever office expenses they incur along the way.
If your case goes to trial, that percentage could rise to 40% of the eventual reward or judgment. These numbers aren't determined by law, so don't be surprised if your lawyer suggests something else.
These are some cases of legal significance that came out of New Mexico's courts:
Bullcoming v. New Mexico, 564 U.S. 467 (2011): When Bullcoming refused to submit to a Breathalyzer test, the police officers conducted a blood draw under a search warrant, despite his refusal. Bullcoming argued that this was tantamount to testimonial evidence that violated his Confrontation Clause rights under the Sixth Amendment of the Constitution. While his case was pending before the Supreme Court, the court decided the case of Melendez-Diaz v. Massachusetts, which did in fact rule that a blood draw is tantamount to testimonial evidence. So, you win there, Bullcoming!
New Mexico Association of Public Schools v. Moses, No. 15-1409 (2017): In light of another recent Supreme Court ruling, the Supreme Court of New Mexico was told to reconsider one of its own rulings: New Mexico v. Moses. There could be no lending of textbooks to private school students, as it violated a provision of the state constitution; state mineral funds were not to be used for the advancement of any denominational or private school -- I.e., any religious institution. Proponents of the law said that it would allow for equal access to education for low-income and minority children and that the court was ruling against that specifically because some of the kids attended religiously-affiliated schools.
There are a large number of issues you can solve without the help of a lawyer. If you don't know where to start, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.