After being seriously injured or developing a medical condition, it can be unnerving to face substantial medical bills and the need to take time off from work. When somebody else is at fault for your injuries or illness, they may be held accountable for your expenses and suffering. At the Branch Law Firm, we provide legal representation to accident victims who have sustained injuries as a result of car accidents, trucking accidents, medical malpractice, dangerous drugs, oil and gas injuries, pipeline explosions, toxic torts, and nursing home abuse. For half a century, our firm has been dedicated to helping injured people and their families from offices in Albuquerque, Santa Fe, and Houston, Texas. We have achieved national recognition for the verdicts and settlements that we have obtained on behalf of victims. We believe in carefully educating our clients on their legal rights so that they can make the right decisions for them.
Most car accidents are results of careless actions by one or more drivers. To prove a driver’s fault, a personal injury attorney in New Mexico will need to show that the defendant had a duty to use reasonable care, the defendant breached this duty, and the victim’s injuries resulted directly from the defendant’s carelessness. There are many different ways that drivers may neglect their duty to use reasonable care on the road, including by driving while distracted, fatigued, or drunk, or by weaving, speeding, or tailgating. Sometimes more than one driver is to blame for a car crash. New Mexico follows a rule of pure comparative negligence. The jury will determine the damages and assign percentages of fault to both the victim and the defendant. The victim’s damages will be reduced by an amount equal to their degree of fault, if any, but their right to receive damages will not be eliminated.Trucking Accidents
When a tractor-trailer or big rig collides with a smaller vehicle, it can result in devastating injuries or fatalities, due to its weight and size. You may be able to recover damages following a trucking accident by establishing the truck driver's negligence. In addition, it may be possible to hold the truck driver's employer vicariously or directly liable. A truck driver's employer may be vicariously liable for a driver's negligence in the course and scope of employment. However, an employer may also have direct liability for its negligent hiring, negligent training, or negligent supervision of the driver. For example, if a trucking company does not conduct a background check of a truck driver, it may not learn that the truck driver has been fired for numerous accidents or has a DUI, for example. Thus, it could be liable for negligent hiring if that truck driver gets into an accident that injures other people on the road.Medical Malpractice
Our New Mexico personal injury attorneys understand the complexities of medical malpractice cases. Generally, to establish medical malpractice by a doctor, nurse, hospital, or health care provider, you will need to prove that a doctor breached the professional standard of care owed to you and that this breach caused your injuries. In most cases in New Mexico, a victim will need to use expert testimony to prove what the professional standard of care was in their particular situation, as well as explaining how the standard was breached and why the breach caused their injuries. An expert is not necessary if the negligence is so obvious that an ordinary person can understand it.Birth Injuries
Often, birth injuries arise from inappropriate prenatal care, a failure to diagnose or treat prenatal complications, or errors during labor and delivery by staff or an obstetrician. Birth injuries may be permanent and cause suffering and emotional burdens throughout the child and parents' lives. It can be challenging to quantify the damages resulting from permanent injuries or a fatality to a newborn. Sometimes it will be necessary to retain economists in addition to medical experts to hold health care providers responsible and quantify the damages.Wrongful Death
A wrongful death is a loss of life caused by the negligence, wrongful act, or misconduct of another person or entity. Essentially, a wrongful death lawsuit is a personal injury claim brought by the personal representative of the decedent's estate with the assistance of a personal injury attorney in New Mexico. Often, the personal representative is named in the decedent's estate plan, but if there is no estate plan or the personal representative cannot serve, the court can appoint a personal representative to bring the wrongful death action. The case is separate from any criminal proceeding that may be brought by a prosecutor. In the civil proceeding, fault must be proven by a preponderance of the evidence and is expressed in monetary damages. In contrast, a criminal case must be proven beyond a reasonable doubt.Dangerous Drugs
If you are harmed by a dangerous drug, it may be possible to bring a product liability lawsuit to recover damages. There are three different types of actionable defects: manufacturing, design, and marketing. Often, dangerous drug lawsuits are based on marketing defects involving a failure to warn. Different theories may be used to pursue damages for a failure to warn, including negligence as to the warnings of dangers related to using the product or the special liability of the seller of a product for physical harm to a user or consumer.Oil and Gas Injuries
It is dangerous to work on a gas pipeline or oil rig. Combining combustible materials, slippery surfaces, heavy machinery, and fast-paced jobs can result in serious accidents. Employers and others are supposed to increase the safety of these conditions and take appropriate steps to make these conditions less dangerous. Unfortunately, they do not always prioritize safety conditions at these jobs, and workers do get severely injured or killed. In some cases, a worker's exclusive remedy is workers' compensation. However, there may also be situations in which a non-employer's negligence or wrongful conduct causes a worker to be injured, and in these cases, a New Mexico personal injury lawyer can help you pursue damages through a civil lawsuit.Explosion Injuries
We represent victims in connection with pipeline explosions, which are usually because of the combination of a gas leak and an ignition spark. Explosions can result in devastating injuries, including serious burns, disfigurement, spinal cord damage, loss of limbs, and brain trauma. Many different factors can contribute to explosions, including defective products, failures to follow safety regulations, old and overloaded pipes, and improper maintenance of pipes. The explosion may be a result of negligent installation, maintenance, design, repair, or manufacturing by a company or a person, and it may be possible to hold that person or entity responsible for injuries or a death.Toxic Torts
Toxic tort cases are claims for injuries resulting from a victim’s exposure to a dangerous or deadly substance. Many substances used on a regular basis in household supplies or encountered through the water supply or air can cause devastating medical conditions and illnesses. In some cases, it is possible for a personal injury lawyer in New Mexico to hold the entity that caused you to be exposed to a toxic substance liable for the harm that resulted. Our firm has handled many different kinds of toxic tort lawsuits, including those involving water contamination, hydrogen sulfide, uranium, asbestos, pesticides, sulfuric acid, dangerous household products, and mercury poisoning.Nursing Home Abuse
When you put a loved one into a nursing home, you expect that they will receive a proper degree of care. Nursing home laws are in place in New Mexico to make sure that facilities that accept nursing home residents provide for their physical, mental, emotional, and social well-being. There are laws that address how the facility is operated, the number of staff members who must be on duty, the rights of residents, medical services, and facility requirements. Unfortunately, these laws are not always followed appropriately, and staff may make mistakes or commit wrongful actions that cause serious harm to a resident. It may be possible to hold the responsible parties accountable through a lawsuit.Contact an Experienced Personal Injury Attorney in New Mexico
The Branch Law Firm provides assertive, skillful representation to people who have suffered injuries due to the fault of someone else. We assist victims and their loved ones in cities such as Albuquerque, Roswell, Clovis, Las Cruces, Carlsbad, Hobbs, Los Alamos, Alamogordo, Farmington, Las Vegas, Rio Rancho, Santa Fe, Taos, Belen, and Los Lunas. Call us toll-free at 800-562-3456 or use our contact page to set up an appointment.