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New Mexico Personal Injury Questions & Answers
1 Answer | Asked in Gaming, Civil Litigation and Personal Injury for New Mexico on
Q: Can a casino destroy a negligence report after injury in NM?

Is it legal for a casino to destroy a report involving negligence that resulted in an injury with broken bones? The incident occurred after a concert, while we were walking to our car through the motel side of the casino.

James L. Arrasmith
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answered on May 16, 2025

If you were injured on casino property and a report of the incident was created, that report may be considered an important piece of evidence. While a casino is not required to keep every document forever, destroying a negligence or incident report after an injury—especially if done deliberately... View More

Q: How to resolve issue with forged engineering stamps on building plans?

I purchased a building kit from a company in Texas in January 2025. The plans provided did not have engineering stamps, and when I requested them, the seller sent prints with forged engineering stamps. I have text message threads with the company and have personally contacted the engineer whose... View More

Deena L. Buchanan
Deena L. Buchanan
answered on May 16, 2025

This sounds like a potential fraud and/or negligent misrepresentation claim if they made a representation that the plans would be sold with appropriate engineering stamps. You may be able to recover the cost of your investment and unravel your contract. I would contact a lawyer who focuses on... View More

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1 Answer | Asked in Civil Litigation, Gaming and Personal Injury for New Mexico on
Q: Injury at casino, broken pelvis, missing report, need legal advice on next steps.

I was injured at a casino in late March around 10:30 PM, sustaining a broken pelvis. I went to the emergency room immediately due to severe pain. Initially, an attorney took my case but then declined it, stating they couldn't find the person responsible, despite facial recognition and witness... View More

James L. Arrasmith
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answered on May 15, 2025

I’m really sorry you’re going through this — dealing with a serious injury like a broken pelvis is hard enough without feeling like people are avoiding responsibility. If the casino promised to file a report but there’s no record of it, that raises real concerns about whether they followed... View More

2 Answers | Asked in Domestic Violence, Employment Law and Personal Injury for New Mexico on
Q: Seeking legal advice on workplace harassment and violence in New Mexico.

I am experiencing harassment and violence from a coworker who has become my supervisor at my job in New Mexico. He has physically assaulted me by stalking me, breaking my windshield, and even strangling me while banging my head on the floor. Despite my attempts to report these incidents to HR,... View More

Deena L. Buchanan
Deena L. Buchanan
answered on May 16, 2025

I strongly recommend reaching out to a New Mexico employment lawyer right away. This is a dangerous situation and you should not have to suffer this type of abuse at work. You can also seek a protection from abuse order from your local court. They do apply to workplace abusers.

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Q: Legal actions against false charges, injury by police, and employment lawsuit motions in New Mexico.

What legal actions can I take if the defendant, who employed me for two years, called the police during my deposition, leading to my arrest due to false fraud charges they filed against me in August 2024? These charges were dismissed on April 17, 2025. The police forcibly removed me from my home,... View More

James L. Arrasmith
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answered on May 15, 2025

You have several possible legal options here, especially since the charges were dismissed and you’ve suffered both physical and reputational harm. If your former employer falsely accused you of fraud and those charges were dropped, you may have grounds for a malicious prosecution or abuse of... View More

2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for New Mexico on
Q: Injured in NM Uber accident; should damages be sought from both Uber and ZTrip?

I was injured in New Mexico while riding in an Uber when a taxi from the Albuquerque ZTrip company ran a red light, leading to a collision. I sustained six herniated disks and required five months of physical therapy, as well as eight spinal injections. The police were called, and a report was... View More

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2025

A New Mexico attorney could advise best, but your question remains open for a week. You ask some very good questions. It could be difficult to offer a quick, direct answer to them though. Your attorney is probably evaluating the case not only from a standpoint of liability, but from one of... View More

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Q: Options for obtaining APS report and addressing false reports in NM.

In New Mexico, I had a report filed against me with Adult Protective Services (APS), which was substantiated. When I requested the investigation report over the phone, APS denied my request, stating they do not provide them. I am unaware of any specific laws in New Mexico regarding access to these... View More

James L. Arrasmith
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answered on Mar 27, 2025

To obtain your APS investigation report in New Mexico, you can submit a formal written request under the Inspection of Public Records Act (IPRA) to the Aging and Long-Term Services Department. Your request should include your name, contact information, and a detailed description of the records... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Landlord - Tenant and Personal Injury for New Mexico on
Q: Assaulted by worker; unsafe & want to file lawsuit on budget in NM.

I am a senior citizen and was recently assaulted by a maintenance worker at my apartment complex. He pleaded guilty in court, received probation, and was ordered to stay away from me, only working on one side of the complex. Despite this, he continues to work here because his girlfriend is the... View More

Maxwell Pines
Maxwell Pines
answered on Feb 15, 2025

I am sorry that you are going through this. It is very disappointing that this apartment complex that you pay money for is unwilling to keep you and your neighbors safe.

This man would be liable for an intentional tort by assaulting you. It appears it was already proven because he admitted...
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1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for New Mexico on
Q: Do any Lawyer in Albuquerque, NM take on Incontinence issues with the urinary spinner implants.
Tim Akpinar
Tim Akpinar
answered on Dec 25, 2024

A New Mexico attorney could advise best, but your question remains open for a week. I'm not familiar with that implant or lawsuits involving it. But as a general matter, product liability cases involving medical devices are SOMETIMES handled as larger MDL (multidistrict litigation) cases,... View More

1 Answer | Asked in Personal Injury and Car Accidents for New Mexico on
Q: What will happen if I refuse to participate in auto accident case I'm being sued for?

I'm at fault. Plaitiff wants in excess of my limits of liability, my insurance company wants to go to court and hasn't offered to pay my maximum limit. New Mexico.

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2024

You could risk coverage, which could possibly result in your insurance company being off the hook in a worst-case scenario. A New Mexico attorney should advise you, but as a general matter nationwide, insurance policies virtually always require the policyholder to cooperate with the carrier in... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for New Mexico on
Q: Have meniscus root tear, because delay of ordering mri my knee is close to needing replacement.

I have numerous acts of negligence perpetuated by Dr's. My knee is just my final straw, it's time for someone to be held accountable. My left meniscus tore in June or July 2023. I was treated terribly at unm er. Soon after I knew my right knee was injured and definitely worse. My primary... View More

Joel Gary Selik
Joel Gary Selik
answered on May 1, 2024

If The medical “standard of care” required an MRI then that could be Malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

It also has to be determined that...
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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: My son is incarcerated in McKinney county adult detention Gallup nm.in which several officers beat my son and were tryin

Trying to break my sons wrist.I was told the nurse took pictures of what was done to my son but not of all the bruises he has.they said my son was on 72 hour hold which has passes and was extended to 37 days.I he hasn’t been given a call since this incident.other inmates are who have notified me... View More

James L. Arrasmith
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answered on Mar 14, 2024

Hearing about your son's situation in detention must be incredibly distressing. It's important to take immediate steps to address this issue. First, document everything you've been told by other inmates and any communication you've had with the facility regarding your son's... View More

1 Answer | Asked in Personal Injury and Civil Rights for New Mexico on
Q: If I got a video of being accused of stealing and the employee looked in my girlfriend's purse and nothing assaulted me

And as I was recording him look in my girlfriends purse he walks away then turns around and smacked the phone out my hand and I got a video of it what can I do

James L. Arrasmith
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answered on Jan 18, 2024

If you have a video showing an employee accusing you of stealing, searching your girlfriend's purse without consent, and then assaulting you by smacking your phone away, you have several options. Firstly, it's important to keep the video safe as it is crucial evidence of the incident.... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Medical Malpractice for New Mexico on
Q: What can I do about being given medication without consent during a mental evaluation involuntary at an ER room NM

And permanent injury did occur

James L. Arrasmith
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answered on Jan 18, 2024

If you believe that you were given medication without your consent during an involuntary mental evaluation in an ER in New Mexico, and this led to permanent injury, you may have grounds for legal action. In healthcare, patient consent is a fundamental principle, especially when it comes to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for New Mexico on
Q: can police stop a vehicle looking for someone with a warrant without seeing them in the car nor a traffic violation NM

the vehicle is not registered to person with the warrant

James L. Arrasmith
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answered on Jan 18, 2024

In New Mexico, as in other states, police generally need a valid reason to stop a vehicle. This can be a traffic violation or reasonable suspicion that a crime is being, has been, or is about to be committed. If the police are looking for someone with a warrant, they typically need some basis to... View More

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: What happens if I plea guilty to not having insurance after getting into an accident and the other party wasnt hurt

I got into an auto accident without active insurance in my sisters car with no injury or damage to the other party but damage and injury to her car myself my mom and partner

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A New Mexico attorney could advise best, but your question remains open for three weeks. The question was probably overlooked under Personal Injury and Car Accident headings. A criminal defense attorney should advise on matters involving pleas, not attorneys who handle civil cases for accidents. By... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for New Mexico on
Q: I can't get a lawyer/firm to take my case.My 66yr wife had heart surg. Later they found bloodclot in arm,so they cut off
Joel Gary Selik
Joel Gary Selik
answered on Nov 26, 2023

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

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1 Answer | Asked in Criminal Law, Employment Law, Tax Law and Personal Injury for New Mexico on
Q: employer keep $190.000 in unpaid overtime and $59,000 in wage theft. How can I place criminal charges on them in NM ?

Gross wage theft, unpaid overtime, retaliation, eviction, disposal of personal belongings, 2 years plus of employment, and rent was deducted from pay check. While on call 24/7, they did not pay taxes and more.

James L. Arrasmith
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answered on Dec 25, 2023

In New Mexico, if you're dealing with unpaid overtime, wage theft, and other employment-related issues, there are several steps you can take. First, consider filing a wage claim with the New Mexico Department of Workforce Solutions. This department handles wage disputes and can investigate... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for New Mexico on
Q: I'm in Albuquerque new Mexico and I need a serious lawyer I still haven't been diagnosed or treated for my illness that

A ceiling fell on me while in the shower at a hotel. A housing program had me in that room for 17 weeks. That was October 2019

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

This seems to be more of a medical issue than a legal issue. Go your your PCP and, if necessary, ask for a referral to a specialist concerning the symptoms of your illness. Lawyers depend on medical experts for their opinions and conclusions regarding illnesses which may be attributable to... View More

1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Wrongful Death for New Mexico on
Q: What happens if a Dr signs release forms after a successful procedure and the patient winds up dying

My father had a feeding tube put in and they said there was no complications and they even signed release forms but not even 48 hrs later he died of internal bleeding. He had told the nurse that his stomach was hurting and nothing was done also he mentioned that they didn't know what was wrong... View More

Joel Gary Selik
Joel Gary Selik
answered on May 2, 2023

I am so sorry for your loss.

You should Consult with experienced attorneys. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. This sounds like it could be malpractice.

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