http://www.newmexicoinjuryattorneyblog.com/ Published By Collins & Collins, P.C. en Copyright 2012 Fri, 27 Jan 2012 17:37:53 -0700 http://www.sixapart.com/movabletype/ http://www.rssboard.org/rss-specification NewMexicoInjuryAttorneyBloghttp://feedburner.google.com <p>There have been numerous <a href="http://www.collinsattorneys.com/lawyer-attorney-1862629.html">Actos lawsuits</a> filed throughout the country. Due to the large and growing number of Actos claims, those claims filed in federal court have been <a href="http://www.jpml.uscourts.gov/MDL-2299-Initial_Transfer.pdf">consolidated to the Western District of Louisiana</a>. Due to the large number of users of the drug, the number of legal claims is likely to grow exponentially in the coming months and years.</p> <p>Actos is prescribed for the treatment of Type 2 Diabetes. Actos has been hugely successful financially for its manufacturers. Both the root of the success of the drug and the coming wave of lawsuits is evident from a quick look at the numbers on Diabetes in the United States. </p> <p>The <a href="http://www.cdc.gov/diabetes/pubs/pdf/ndfs_2011.pdf">2011 National Diabetes Fact Sheet</a> issued by the <a href="http://www.cdc.gov/">Centers for Disease Control and Prevention (CDC)</a> provides some remarkable data portending the future of the Actos lawsuits. Unfortunately, the data would suggest a rather bleak outlook for the scope of the potential harm to the public caused by this blockbuster drug. </p> <p>The National Diabetes Fact Sheet suggests that over 25 million Americans suffer from diabetes. This represents over 8% of the United States population. There are a number of states whose rates are above 15%. These states and their people are likely suffer the greatest harm associated with Actos use. </p> <p>Of the 25 million suffering from diabetes, over 18 million have been formally diagnosed according the CDC. These numbers suggest the basis for the huge market success of Actos. They also point to the many unsuspecting users of Actos from a potential market of 18 million diagnosed patients who were unaware of the dangers of prolonged Actos use. </p> <p>It is alleged that Actos causes bladder cancer. In fact, studies have suggested that the risk of bladder cancer may increase by up to 40% for those using Actos for more than one year. The risk appears to be directly related to dosage levels and duration of use. In other words, those that used it the longest and at the greatest dosages will have the greatest risk of Actos induced bladder cancer. </p> <p>If you or a loved one has been on Actos for over one year, a checkup with the doctor is surely in order to review your medication. Diabetes is a horrible and life-threatening disease and Actos is in fact it appears effective at treating diabetes. However, the risk of cancer may outweigh the risk of the diabetes in light of alternative treatments. </p> <p>This risk assessment is between you and your doctor and you have an absolute right to understand these risks. And this failure to inform patients, and doctors for that matter, of the risks associated with extended Actos use lies at the heart of the Actos litigation. </p> <p>If you have any <a href="http://www.collinsattorneys.com/lawyer-attorney-1862596.html">signs of bladder cancer</a>, then you should get to your doctor immediately. As with all cancer, early detection and treatment is key to survival. In the unfortunate event that you have used Actos for over a year and do learn from your medical professionals that you have bladder cancer, you should contact a <a href="http://www.collinsattorneys.com/lawyer-attorney-1448197.html">personal injury attorney</a> right away to insure that you, your claims and your family are protected. </p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a></p> <p><br /> </p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=dhH_sQsaCWI:lIyBp5w8GXI:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=dhH_sQsaCWI:lIyBp5w8GXI:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=dhH_sQsaCWI:lIyBp5w8GXI:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=dhH_sQsaCWI:lIyBp5w8GXI:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=dhH_sQsaCWI:lIyBp5w8GXI:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=dhH_sQsaCWI:lIyBp5w8GXI:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/dhH_sQsaCWI" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/dhH_sQsaCWI/simple-and-disturbing-math-on.html http://www.newmexicoinjuryattorneyblog.com/2012/01/simple-and-disturbing-math-on.html Drug & Pharmaceutical Injuries Products Liability Albuquerque Actos Attorney Albuquerque Actos Attorneys Albuquerque Actos Lawsuit Albuquerque Actos Lawyer Albuquerque Actos Lawyers Albuquerque Actos Litigation Austin Actos Attorney Austin Actos Attorneys Austin Actos Lawsuit Austin Actos Lawyer Austin Actos Lawyers Austin Actos Litigation New Mexico Actos Attorney New Mexico Actos Attorneys New Mexico Actos Lawsuit New Mexico Actos Lawyer New Mexico Actos Lawyers New Mexico Actos Litigation Fri, 27 Jan 2012 17:37:53 -0700 http://www.newmexicoinjuryattorneyblog.com/2012/01/simple-and-disturbing-math-on.html <p>The <a href="http://www.newmexicoinjuryattorneyblog.com/2010/12/new-mexico-law-on-rejection-of.html">Weed Warrior line of cases</a> has opened up a wave of claims against auto insurance companies for the past denial of <a href="http://www.collinsattorneys.com/lawyer-attorney-1493206.html">uninsured/underinsured motorist coverage</a>. As a result of the <em>Weed Warrior </em> and the cases leading up to it, insurance companies and drivers alike are scrambling. One issue that has yet to be resolved entirely is what exactly is the statute of limitations on these claims? </p> <p>For some background, <em>Weed Warriors</em> and the many other appellate court cases addressing the rights of drivers in UM/UIM coverage situations sets forth the duties of insurance companies in obtaining waivers of UM/UIM coverage. In a nutshell, in order for a waiver to be effective, there are numerous hurdles that auto insurance companies must overcome. </p> <p>The gist of these cases is that the insured driver must fully understand and agree to the waiver. The reason for this is simple, UM/UIM is about the only bargain that a driver will get when purchasing insurance. In fact, the coverage is both essential in New Mexico which has the <a href="http://www.newmexicoinjuryattorneyblog.com/2009/11/new-mexico-leads-the-nation-in.html">highest rate of uninsured drivers in the country and inexpensive</a>. Simply put, it is a better deal for the driver than the insurance company.</p> <p>These facts have led to many insurance companies duping drivers into waiving this essential and inexpensive coverage. As a result, there has been a wave of cases over the past several years requiring that waivers be in writing, fully disclosed and signed by the insured driver. <em>Weed Warriors</em> took this one step further requiring insurance companies to offer UM/UIM, disclose the costs of UM/UIM coverage and the difference in premium that would result from the waiver. In short, it must be a knowing waiver of coverage.</p> <p>There is a strong public policy in New Mexico of requiring drivers to carry insurance. There is an equally strong policy in light of the high rate of uninsured drivers of providing UM/UIM in the event that an uninsured or underinsured motorist causes injuries to others. These policies are clear from the recent New Mexico Appellate Court decisions.</p> <p>Equally clear is that many UM/UIM claims have been wrongfully denied in the past by these high standards. The court decisions make clear that the decisions are retroactive meaning that past wrongful denials must be remedied. This has resulted in thousands upon thousands of letters being sent by highly conscientious insurers to their insured drivers on past <a href="http://www.collinsattorneys.com/lawyer-attorney-1448120.html">auto accidents</a>. These went out pretty early after the Weed Warrior cases. Unfortunately, many less conscientious insurers have failed to do likewise. <br /> <br /> This leads to the very important question and the subject of this post (if not yet apparent) of when the statute of limitations will run on these claims. The statute of limitations will be governed by the 6 year statute of limitations applying to contracts. The question becomes when does the 6 years begin to run?</p> <p>The insurance companies are taking the position that the claims run 6 years from the date of the accident. Plaintiff's attorneys that represent those drivers wrongfully denied UM/UIM take the position that the 6 years begins to run from the date of the wrongful denial. This issue will likely be the subject of the next round of UM/UIM appellate court decision. </p> <p>The outcome will make a huge difference to both insured drivers and to the insurance companies. The important thing for insured drivers facing this situation to take from this is that whatever the outcome on this dispute, there is a deadline under the statute of limitations. Missing the deadline will result in a denial of claims. It would be most prudent to assume that the deadline will be the shorter of the two beginning from the date of the accident. To assume otherwise may result in a complete bar to past UM/UIM claims. </p> <p>If you are facing this situation, you should immediately contact a <a href="http://www.collinsattorneys.com/lawyer-attorney-1448197.html">personal injury attorney with experience in insurance </a>and specifically UM/UIM insurance claims. Delay in addressing these matters could be fatal to your claims. Indeed, this is what some insurance companies are no doubt hoping. </p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a></p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=HSf1qcsDHq4:g57Kw0eiyO4:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=HSf1qcsDHq4:g57Kw0eiyO4:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=HSf1qcsDHq4:g57Kw0eiyO4:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=HSf1qcsDHq4:g57Kw0eiyO4:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=HSf1qcsDHq4:g57Kw0eiyO4:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=HSf1qcsDHq4:g57Kw0eiyO4:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/HSf1qcsDHq4" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/HSf1qcsDHq4/statute-of-limitations-on-past.html http://www.newmexicoinjuryattorneyblog.com/2012/01/statute-of-limitations-on-past.html Auto Accidents Insurance Issues Uninsured/Underinsured Motorist Claims Wed, 25 Jan 2012 11:37:09 -0700 http://www.newmexicoinjuryattorneyblog.com/2012/01/statute-of-limitations-on-past.html <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1857944.html">Actos bladder cancer</a> lawsuits are beginning to mount. Many of the cases were <a href="http://www.jpml.uscourts.gov/MDL-2299-Initial_Transfer.pdf">consolidated to Federal District Court in the Western District of Louisiana</a> at the end of December by the United States Judicial Panel on Multidistrict Litigation. On January 4, 2012, a number of California Actos bladder cancer lawsuits were consolidated by the Los Angeles Superior Court. </p> <p>Due to the significant risks of bladder cancer associated with Actos use, the lawsuits will continue to mount and probably at an escalating pace. The <a href="http://www.fda.gov/Drugs/DrugSafety/ucm259150.htm">FDA has found</a> that approximately 2.3 million prescriptions were filled just during the period of January 2010 to October 2010. Actos was first approved by the FDA for use in the treatment of type 2 diabetes in 1999. This means that millions of upon millions of patients have been prescribed this potentially dangerous drug and many of these will have been on the drug for prolonged periods of time. </p> <p>The lawsuits allege that Takeda Pharmaceutical and Eli Lilly, the manufacturers of Actos, failed to provide appropriate warnings of the dangers of Actos despite knowledge of those dangers. It has been determined that Actos can increase the risk of bladder cancer by up to 40%. Those taking Actos for more than one year are at the greatest risk. The risks increase with longer usage and greater dosages. </p> <p>Those injured by Actos may be able to recover a wide range of damages depending upon the circumstances, their injuries, and the duration and dosages that they took Actos. The <a href="http://www.collinsattorneys.com/lawyer-attorney-1493494.html">recoverable damages</a> would include medical expenses (past and future) associated with Actos related injuries. Injured plaintiffs might also depending on the circumstances recover for lost wages (past and future), pain and suffering, permanent disfigurement, and wrongful death. </p> <p>Though rare, <a href="http://www.collinsattorneys.com/lawyer-attorney-1804547.html">punitive damages</a> might also be a possibility. An argument for punitive damages might have particular weight here where the manufacturers have known for quite some time of the danger. In addition, both France and Germany have either banned or placed significant restrictions on the prescription of Actos. Despite the clear findings of risks, Actos continues to be prescribed in the United States. </p> <p>If you have taken Actos for more than one year and you have any signs of bladder cancer, you should first contact your doctor. Once this is done, you should then contact an <a href="http://www.collinsattorneys.com/lawyer-attorney-1448197.html">experienced personal injury attorney</a> right away. These cases are complex and require significant analysis and preparation, particularly in light of the <a href="http://www.collinsattorneys.com/lawyer-attorney-1862629.html">multidistrict litigation consolidation</a>. Finally, as with all personal injury claims in New Mexico, there are strict deadlines associated with these claims so that undue delay could have bar your recovery completely. </p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a><br /> </p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=GcxiCZLYHQk:_ngKQp3jkH0:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=GcxiCZLYHQk:_ngKQp3jkH0:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=GcxiCZLYHQk:_ngKQp3jkH0:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=GcxiCZLYHQk:_ngKQp3jkH0:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=GcxiCZLYHQk:_ngKQp3jkH0:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=GcxiCZLYHQk:_ngKQp3jkH0:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/GcxiCZLYHQk" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/GcxiCZLYHQk/actos-bladder-cancer-suits-con.html http://www.newmexicoinjuryattorneyblog.com/2012/01/actos-bladder-cancer-suits-con.html Damages Drug, Pharmaceutical & Medical Device Injuries Products Liability Actos Bladder Cancer Actos Injuries Actos lawsuits Actos Litigation Austin Actos Attorney Austin Actos Lawsuits Class Action Lawsuits Mon, 23 Jan 2012 12:04:31 -0700 http://www.newmexicoinjuryattorneyblog.com/2012/01/actos-bladder-cancer-suits-con.html <p>It has long been a practice of the pharmaceutical industry pay doctors for a variety of purported purposes such as consulting research and speaking. As often as not, these payments are intended to and do effectively influence the doctors in the prescription of the drug companies' products. </p> <p>There are many doctors that make significant income off these arrangements. It is not unheard of for the doctor to make more from the drug companies than from his or her medical practice. The potential for conflicts of interests hardly needs stating.</p> <p>A new law when passed will require pharmaceutical companies to disclose all payments to doctors. This will include research money, speaking engagements, travel, meals and even according to the New York Times, bagels and coffee brought for the doctor's office staff on visits from the pharmaceutical sales representative. </p> <p>Research has shown that these pharmaceutical practices, until now somewhat in the dark, do in fact influence doctors' prescription habits. Among the more troubling findings is that doctors often will prescribe the medicines off label for unapproved purposes despite obvious dangers of such off label prescription practices. </p> <p>It is hoped that the new law and disclosure requirements will increase the chances that doctors are making drug prescription decisions based entirely on the well-being of their patients. In addition to the light that these financial disclosures will shed on current and future practices, they may also reveal possible issues related to past practices of both drug companies and doctors. </p> <p>There has been significant evidence that these payments influence treatment decisions. Of particular interest will be the financial incentives given to doctors for the prescription of known dangerous drugs such as <a href="http://www.collinsattorneys.com/lawyer-attorney-1857944.html">Actos </a>which has been shown to cause bladder cancer. It will also be interesting to understand doctors' incentives in prescribing drugs off label. </p> <p>The New York Times found that the doctors that benefit from these pharmaceutical payoffs practice medicine differently from their counterparts who do not. These doctors are more willing to prescribe risky drugs and to prescribe drugs for unapproved uses. Sometimes they do both according to the Times when for example they prescribe powerful antipsychotic drugs to children. </p> <p>This all sounds good so far. The penalties range from $10,000 to $100,000 per violation. However, the maximum fine is only $1 million per year. When speaking of pharmaceutical companies that bring in billions upon billions of revenue each year, this is a pittance and a small cost of doing business. </p> <p>Due to the relatively low fines for violations, these practices will likely continue unabated at least from the pharmaceutical industry side of the equation. What is far more interesting and far more likely to effect change is the potential light this will shed on individual doctors and medical providers which may lead to <a href="http://www.collinsattorneys.com/lawyer-attorney-1448126.html">medical malpractice claims</a>. In fact, isn't the discussion that we should be having about a doctor's duty to disclose conflicts of interest that might be detrimental to the health of his or her patients?</p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a><br /> </p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=PlARk3ZyOP4:ehFiVWpGaRQ:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=PlARk3ZyOP4:ehFiVWpGaRQ:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=PlARk3ZyOP4:ehFiVWpGaRQ:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=PlARk3ZyOP4:ehFiVWpGaRQ:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=PlARk3ZyOP4:ehFiVWpGaRQ:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=PlARk3ZyOP4:ehFiVWpGaRQ:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/PlARk3ZyOP4" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/PlARk3ZyOP4/pharmaceutical-companies-to-be.html http://www.newmexicoinjuryattorneyblog.com/2012/01/pharmaceutical-companies-to-be.html Drug & Pharmaceutical Injuries Medical Malpractice Medicare & Medicaid Actos Class Action Actos Lawsuit Albuquerque Actos Attorney Albuquerque Actos Attorneys Albuquerque Actos Lawsuit Albuquerque Actos Lawyer Albuquerque Actos Lawyers Albuquerque Actos Litigation Austin Actos Attorney Austin Actos Attorneys Austin Actos Lawsuit Austin Actos Lawyer Austin Actos Lawyers Austin Actos Litigation New Mexico Actos Attorney New Mexico Actos Attorneys New Mexico Actos Lawsuit New Mexico Actos Lawyer New Mexico Actos Lawyers New Mexico Actos Litigation Texas Actos Lawsuit Wed, 18 Jan 2012 08:54:36 -0700 http://www.newmexicoinjuryattorneyblog.com/2012/01/pharmaceutical-companies-to-be.html <p>Recently, the United States District Court for the District of New Mexico dealt a harsh blow to automobile insurers when it forced an insurance company to provide <a href="http://www.collinsattorneys.com/lawyer-attorney-1493206.html">uninsured motorist coverage</a> to a woman who had signed a form turning down the coverage. </p> <p>This decision upheld New Mexico's strict rules addressed in several previous posts requiring specific types of disclosures and notices to be given to anyone who is turning down uninsured/underinsured coverage (UM/UIM coverage). Because in this case the insurer, Nevada General, hadn't complied with all of New Mexico's requirements for waiver of coverage, it was forced to pay the benefits.</p> <p>The facts of <em><a href="http://www.collinsattorneys.com/docs/nevada_general_v._encee__dnm_2012__underinsured_uninsured_motorist_insurance_coverage.pdf">Nevada General v. Encee</a></em> are pretty straightforward. The insured plaintiff was covered by a Nevada General auto policy that provided only bodily injury <a href="http://www.collinsattorneys.com/lawyer-attorney-1821162.html">liability coverage</a> that would cover her in the event she was negligent and injured someone else. She was then injured in an accident where the other driver had no insurance coverage. </p> <p>Ms. Encee requested UM/UIM insurance benefits to cover her injuries even though UM/UIM coverage was not in her policy. Nevada General refused to provide coverage because Ms. Encee had refused the coverage in writing and signed a form stating in three different places that she did not want UM/UIM insurance. However, the form did not exactly comply with New Mexico's strict requirements for a "knowing" waiver, as set out in <a href="http://www.newmexicoinjuryattorneyblog.com/2010/12/new-mexico-law-on-rejection-of.html">Jordan v. Allstate</a>. Specifically, the form failed to set out the difference in Ms. Encee's premium costs relating to the cost of her insurance with and without UM/UIM coverage, which was required by the New Mexico Supreme Court in <em>Jordan</em>. The federal court forced Nevada General to provide the UM/UIM coverage to Ms. Encee even though she never paid for it.</p> <p>Nevada General argued that being required to provide UM/UIM insurance coverage to Ms. Encee was unconstitutional. Nevada General claimed that the court's enforcement of the New Mexico UM/UIM waiver requirements imposed an illegal "taking" under the Fifth and Fourteenth Amendments of the United States Constitution and that it violated the "Contract Clause" of the United States Constitution. Both of these arguments were flatly rejected by the federal court. </p> <p>Although, it may seem extreme, this decision upholds New Mexico common law protection of individuals who are entitled to uninsured motorist coverage when insurance companies do not provide enough information for them to make a decision about whether they want to purchase coverage. All too often, companies play fast and loose with the disclosure requirements and then deny coverage, claiming that the individual never asked for this very important benefit. Many times, people don't realize that they did not have this coverage until it is too late. In New Mexico this can be disastrous in light of the <a href="http://www.newmexicoinjuryattorneyblog.com/2009/11/new-mexico-leads-the-nation-in.html">high number of uninsured and underinsured drivers</a> in the state.</p> <p>If you have been denied coverage for uninsured or underinsured motorist insurance in New Mexico and you believe that you are entitled to it, you very well may have a claim. In fact, even if you settled your claims in the past, were denied uninsured/underinsured coverage, and the claim has long been closed, you may have a claim against your own insurance company for UM/UIM coverage up to the your liability limits. </p> <p>If you have been denied UM/UIM coverage now or in the past, you should contact at attorney experienced in UM/UIM insurance coverage issues. Collins & Collins is experienced in handling all types of automobile injury cases and is well-informed on the issues relating to UM/UIM coverage. </p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a></p> <p><br /> </p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=3OsYjeJl7F8:uAs5DtCV8Ik:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=3OsYjeJl7F8:uAs5DtCV8Ik:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=3OsYjeJl7F8:uAs5DtCV8Ik:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=3OsYjeJl7F8:uAs5DtCV8Ik:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=3OsYjeJl7F8:uAs5DtCV8Ik:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=3OsYjeJl7F8:uAs5DtCV8Ik:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/3OsYjeJl7F8" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/3OsYjeJl7F8/federal-court-forces-insurance.html http://www.newmexicoinjuryattorneyblog.com/2012/01/federal-court-forces-insurance.html Auto Accidents Insurance Issues Uninsured/Underinsured Motorist Claims Mon, 16 Jan 2012 09:14:15 -0700 http://www.newmexicoinjuryattorneyblog.com/2012/01/federal-court-forces-insurance.html <p>The recent explosion of social media (Facebook, Twitter, MySpace, Foursquare, Tumblr, Linked-In, and many others whose numbers grow daily) is creating a number of risks for its users. Some of the perils of social media have already had extremely negative and well publicized consequences for the imprudent user. </p> <p>These include loss of employment and employment opportunities, <a href="http://www.collinsattorneys.com/lawyer-attorney-1448138.html">criminal charges</a>, loss of all varieties of lawsuits, discovery sanctions, contempt findings, and on and on. These are just the beginning of the hazards that have been laid by the imprudent and often reckless social media practices of its users. The problems are likely to get worse, and certainly more frequent due to the continuing explosive growth of social media. </p> <p>Just for a quick look at the numbers. Facebook claims in excess of 800 million users. Twitter is somewhere in the vicinity of 200 million. LinkedIn is growing rapidly topping 100 million. MySpace is in decline but still has a huge membership. Then there are new sites that seemingly pop up on a daily basis. </p> <p>With each, people have often posted some level of private information, some of which can be quite useful in litigation or even just for sizing up potential associates, partners, employees or others in anticipation of a business (or personal) relationship. These uses should be common knowledge by now which suggests the question of why folks continue to post their most intimate, private and sometimes damaging thoughts, actions, behaviors, hobbies, activities, and so on to the world. <br /> <br /> One interesting trend to watch is the use of social media by <a href="http://www.collinsattorneys.com/lawyer-attorney-1493189.html">insurance companies</a>. In fact, insurance companies were among the earliest adopters of the opportunities in social media. For instance, many <a href="http://www.collinsattorneys.com/lawyer-attorney-1448118.html">personal injury lawsuits</a> have been completely undermined by ill-advised Facebook posts such as pictures from ski vacations, frolicking on the beach, hiking, working in the yard and so on which make claims of incapacitating physical injuries from a <a href="http://www.collinsattorneys.com/lawyer-attorney-1448120.html">car accident</a> somewhat difficult to support. </p> <p>The insurance industry is said to now be scouring social media to find indications of deceit on insurance applications. Such deceit may be a basis for denying coverage on claims. It also may form the basis for higher premiums. After all, those pictures of your partying, boozing, smoking, and sky-diving with your friends may put you in another life insurance premium bracket than the non-smoking, non-drinking, conservative you that filled out the application. There are other possible problems as well with such posts that will have already arisen and most certainly will continue at an escalating pace in the very near future. <br /> <br /> Now for the bad news. If it is posted, you cannot get rid of it. It is there for eternity. Not only can't you fully delete these damaging posts, the attempt to delete them can result in very serious consequences too numerous and too complex to address here in closing. The bottom line is that your social media posts are permanent. As Joe Friday might caution, "anything you post can and will be used against you in a court of law" and by prosecutors, your employers, your insurer, your spouse (your ex-spouse), your kids, your neighbor, your dog, and anyone else that spots an opportunity to utilize your posts against you. </p> <p>One last thing, check your privacy settings!!! Honestly, does this still need to be said?</p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a></p> <p><br /> </p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=9zNy4vGE8eY:0dNiS9Cayus:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=9zNy4vGE8eY:0dNiS9Cayus:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=9zNy4vGE8eY:0dNiS9Cayus:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=9zNy4vGE8eY:0dNiS9Cayus:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=9zNy4vGE8eY:0dNiS9Cayus:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=9zNy4vGE8eY:0dNiS9Cayus:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/9zNy4vGE8eY" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/9zNy4vGE8eY/new-and-growing-perils-of-soci.html http://www.newmexicoinjuryattorneyblog.com/2012/01/new-and-growing-perils-of-soci.html Auto Accidents Family Safety Insurance Issues Thu, 12 Jan 2012 10:17:57 -0700 http://www.newmexicoinjuryattorneyblog.com/2012/01/new-and-growing-perils-of-soci.html <p>There are many myths surrounding <a href="http://www.collinsattorneys.com/lawyer-attorney-1448118.html">personal injury claims</a>. One persistent myth is the frivolous lawsuit. Related to the frivolous lawsuit myth is a basic misunderstanding of many concerning the ease of obtaining money from insurance companies. In fact, insurance companies are pretty protective of their funds and do not readily part with them. </p> <p>There are many including a few inexperienced lawyers that believe that insurance companies will cower at the threat of a lawsuit. Based upon this mistaken belief, they believe that throwing out a high dollar demand under the threat of suit on a trivial or even non-existent claim will intimidate the insurance adjuster into settling for more than the case is worth. In fact, nothing could be further from the truth. </p> <p>Insurance companies get hundreds or thousands of cases every day. Each and every case will go through a standardized valuation process. These processes may differ in varying degrees between different insurance companies but each insurer will have its own valuation process. </p> <p>The adjuster will first look at <a href="http://www.collinsattorneys.com/lawyer-attorney-1493156.html">liability </a>to determine if its insured is responsible for the accident. In New Mexico it may have to factor in <a href="http://www.collinsattorneys.com/lawyer-attorney-1493158.html">comparative negligence</a>. If the insurer finds that there is no liability or fault on the part of its insured, it is highly unlikely that it will pay out on a claim. Of course, there are those cases with disputed liability and in New Mexico comparative fault where the valuation process becomes more complex. However, in cases where there was clearly no liability, the insurance company is not going to pay. After all, it seems that insurance companies have a knack for making money unnecessarily paying claims is not in line with their business model.</p> <p>Once past the liability calculation, the insurer will then attempt to evaluate <a href="http://www.collinsattorneys.com/lawyer-attorney-1493494.html">damages</a>. The valuation will factor in medical costs and treatment both past and future. It will factor in lost income, permanent disability, disfigurement, pain and suffering and other elements of compensatory damages. Then it will determine its exposure for punitive damages, which contrary to common belief are very rare. </p> <p>Once these potential damages are totaled up, the insurance company will set a range of settlement values within which it will settle. The insurance company will not deviate from those ranges unless there is additional evidence provided to support a higher settlement value. In other words, the plaintiff usually through an attorney will have to provide documentation, medical records, expert reports, economic analysis and so on to support a higher settlement value. </p> <p>No amount of yelling or threats at the adjusters will move them off their settlement range. The common, "I will see you in court" will be met with a yawn if it warrants even that. One thing that many do not appreciate is that insurance companies have a herd of eager defense lawyers standing by who would like nothing more than to see you in court. In fact, the more they see you in court, the more money they make. So the threats and yelling will do you no good, and are much more likely to make your case more difficult. </p> <p>Anyone contemplating a personal injury claim should understand that the value of their claim for the insurance company is a relatively straightforward mathematical calculation of liability and damages. There is no room for intimidation in math. It is far more effective to come to the table armed with proof of liability and damages. This proof alone is what will influence an adjuster into a fair settlement. Without it, there simply is no pot of gold waiting at the end of the mythical frivolous lawsuit. </p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a></p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=rTLVMpSZF6s:LjLUCN8-1Vk:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=rTLVMpSZF6s:LjLUCN8-1Vk:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=rTLVMpSZF6s:LjLUCN8-1Vk:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=rTLVMpSZF6s:LjLUCN8-1Vk:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=rTLVMpSZF6s:LjLUCN8-1Vk:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=rTLVMpSZF6s:LjLUCN8-1Vk:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/rTLVMpSZF6s" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/rTLVMpSZF6s/fair-settlement-of-personal-in.html http://www.newmexicoinjuryattorneyblog.com/2012/01/fair-settlement-of-personal-in.html Damages Insurance Issues Liability & Fault Negligence Thu, 05 Jan 2012 17:14:45 -0700 http://www.newmexicoinjuryattorneyblog.com/2012/01/fair-settlement-of-personal-in.html <p>The holiday season provides ample opportunity for social gatherings that often include pets amid the mix of visitors, food and celebration. A dog may find itself confronting rough handling or even getting tripped over in the midst of the holiday festivities. Regrettably, a dog may bite in reaction to situations that create stress, such as over-excitement or pain. </p> <p>According to the Centers for Disease Control and Prevention, approximately 2% of the U.S. population, or more than 4.7 million individuals suffers from a <a href="http://www.collinsattorneys.com/lawyer-attorney-1704545.html">dog bite </a>each year. A large majority of the victims are children bitten on the dog owner's property. The Insurance Information Institute estimates that dog bites amount to roughly 1/3 of all <a href="http://www.collinsattorneys.com/lawyer-attorney-1493189.html">insurance liability claims</a> made through <a href="http://www.collinsattorneys.com/lawyer-attorney-1823572.html">homeowners policies</a>.</p> <p>A basic homeowners policy typically includes liability coverage that provides some protection against injuries to others caused by pets. Additionally, a homeowners policy may provide guest medical coverage which would pay for medical expenses due to dog bites without having to first determine liability. However, both liability and guest medical coverage may fall short if the injury is substantial. As an added layer of protection, extra liability coverage can be purchased for those who have significant assets to protect from legal judgments involving dog bite injuries. </p> <p>Yet, paying for medical expenses may not end the consequences of owning a dog that bites. Once a biting tendency is known, the insurer of the home may view the dog as an increased risk. This could lead to higher premiums or an exclusion of coverage for <a href="http://www.collinsattorneys.com/lawyer-attorney-1493494.html">damages or injuries</a> caused by pets. State laws may also require the animal be humanely destroyed.</p> <p>Dog bite prevention is ultimately the best protection for both homeowners and their guests. Proper training and socialization beforehand can help a dog better anticipate the behavior of others. Of course, spaying or neutering has been also shown to reduce aggression. But even these measures may not be enough. </p> <p>Once a party has commenced, proper supervision of the dog would be best but may not be possible; consequently, keeping the animal separated in another room or outdoors may be the only option. </p> <p>Knowing how a dog responds to different stimulation can also be a key in anticipating problems. If rough play brings on aggression, guests can be warned to avoid this type of interaction. If kids are present, they cannot realistically be expected not to play with the dog. Small children often play the roughest are most at risk. If the dog has any history or predisposition to aggression in stressful settings, then the dog should be kept away from the guests. </p> <p>Celebrations often bring many types of personalities together. Pets are no exception. A little planning and awareness will help insure that everyone enjoys their time spent together.</p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a></p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=jDbkM8ZTku0:Kee7rih4FmY:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=jDbkM8ZTku0:Kee7rih4FmY:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=jDbkM8ZTku0:Kee7rih4FmY:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=jDbkM8ZTku0:Kee7rih4FmY:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=jDbkM8ZTku0:Kee7rih4FmY:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=jDbkM8ZTku0:Kee7rih4FmY:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/jDbkM8ZTku0" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/jDbkM8ZTku0/homeowners-holidays-and-hounds.html http://www.newmexicoinjuryattorneyblog.com/2011/12/homeowners-holidays-and-hounds.html Damages Family Safety Insurance Issues Liability & Fault dog bites holiday parties homeowners insurance Mon, 19 Dec 2011 10:41:34 -0700 http://www.newmexicoinjuryattorneyblog.com/2011/12/homeowners-holidays-and-hounds.html <p>The ideal situation when making a claim for injuries and <a href="http://www.collinsattorneys.com/lawyer-attorney-1493494.html">damages </a>arising from a <a href="http://www.collinsattorneys.com/lawyer-attorney-1448118.html">personal injury accident </a>is settlement with the insurance company without extensive time and expense. Unfortunately, obtaining a settlement that both the injured party and the insurance adjuster feel is reasonable is often not possible prior to litigation. Typically the adjuster believes the claim worth far less than the injured party and if the claimant/injured party is unwilling to lower his or her settlement demand, a lawsuit is necessary. </p> <p>With a lawsuit, many issues arise related to litigation. One issue that arises immediately that is time-consuming, expensive and often frustrating is <a href="http://www.collinsattorneys.com/lawyer-attorney-1852437.html">discovery</a>. Discovery is the process in litigation that allows each party to obtain information from the other party related claims and defenses. The insurance company will hire an attorney to represent its insured, the defendant, and that attorney will seek information from the plaintiff. </p> <p>During discovery, the plaintiff and the defendant gather evidence and information about the facts of the case and the other party. Discovery helps both parties to build their case and determine what evidence to present at trial. Depending upon the circumstances surrounding the accident and the claim for damages made by the plaintiff, the defendant may want to gather information about the plaintiff's physical condition prior to the accident or interview any witnesses to the accident. The plaintiff may want to learn information about the defendant's criminal or driving record and obtain a copy of the accident report. Discovery may also lead to resolution of the case after the attorneys have fully evaluated the claim, its value and the risks involved with proceeding to trial.</p> <p>There are several methods of conducting discovery in a personal injury case. Your personal injury lawyer will explain to you the best methods for your particular case. Generally both parties submit to the other side a set of written questions, called interrogatories, that they must answer, called interrogatories, within the statutory period. Parties will also issue requests for production of documents. Depending upon the type of claims, these requests can be very extensive. Parties will typically at some point issue requests for admissions. These will be questions aimed at narrowly the scope of contested facts. The timing will depend upon the lawyer's approach and the circumstances of the case. For each type of discovery, the attorney will help to prepare the final responses to provide to the other party but the answers must come from the party since it is the party who will have the knowledge to answer the questions. </p> <p>In addition, either party may ask the plaintiff, the defendant, or any potential witness to appear at a deposition. A deposition is an out of court proceeding but deposition testimony is admissible at trial. In a deposition, the party or witness will be asked question which must be answered under oath. The questions should be relevant to the issues in the case. However, this construed very broadly allowing the attorney great latitude to ask questions that "may lead to the discovery of admissible evidence." </p> <p>Testimony given at a deposition is under oath and transcribed by a court reporter who by the way are very expensive. Either party can issue a subpoena requesting a witness to appear for a deposition. A deposition is a helpful way to determine what a potential witness's testimony will include at trial. However, the party requesting the deposition must pay for all expenses including a witness fee for appearing at the deposition, mileage reimbursement to the witness and the court reporter's costs. </p> <p>This all sounds pretty straightforward but it can growing very contentious and very expensive in a hurry. Discovery is typically the most contested, burdensome and expensive portion of any litigation. Many times much of the expense and burden can be avoided or at least minimize. Other times, it cannot which can lead to extraordinary levels of costs on both sides. </p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a><br /> <br /> </p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=5EaQodPy6eM:ujN_l1kA7mM:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=5EaQodPy6eM:ujN_l1kA7mM:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=5EaQodPy6eM:ujN_l1kA7mM:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=5EaQodPy6eM:ujN_l1kA7mM:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=5EaQodPy6eM:ujN_l1kA7mM:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=5EaQodPy6eM:ujN_l1kA7mM:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/5EaQodPy6eM" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/5EaQodPy6eM/discovery-in-a-personal-injury.html http://www.newmexicoinjuryattorneyblog.com/2011/12/discovery-in-a-personal-injury.html Damages Fri, 16 Dec 2011 09:53:04 -0700 http://www.newmexicoinjuryattorneyblog.com/2011/12/discovery-in-a-personal-injury.html <p>Most everyone has experienced drunken Santa at a holiday party. It makes for funny stories about the drunken uncle Santa who fell in the punch bowl, passed out in the yard, made some un-Santa like advances toward some of the guests and so on. </p> <p>It is not as funny when Santa on his sleigh-ride home hurts himself or innocent drivers and their families. And though entertaining, and possibly even worthy of YouTube, it could get very expensive when Santa in a polar rage challenges all comers to a brawl. </p> <p>The laws in New Mexico are pretty clear regarding <a href="http://www.collinsattorneys.com/lawyer-attorney-1493156.html">liability </a>for setting drunken guests loose on the roads. This applies to Santa as well as any other guests. Here are few things to consider before lining up the tequila shots at your holiday party. </p> <p><a href="http://www.newmexicoinjuryattorneyblog.com/dram-shop-liability/">New Mexico's dram shop and social host laws</a> will hold the hosts liable for accidents and <a href="http://www.collinsattorneys.com/lawyer-attorney-1448118.html">personal injuries</a> arising out of the overindulgence of guests at a party. The host is liable to any innocent victims injured by the drunken guest. These injuries are most often associated with DWI accidents. It would also include drunken brawls as noted above along with any other accidents caused by the drunken guest. </p> <p>The host can also be liable for injuries to the guest himself. This could occur in all manner of situations. It would include a guest sent packing who is clearly intoxicated who is injured or killed in a DWI accident. It might also include the guests who flips his chair due to excessive merriment and suffers a skull fracture. Or maybe, it is the guests who flirts with the wrong guest's wife and takes a beating out in the yard. And then again, there is Santa who proves ill equipped to take on the crowd. </p> <p>There are too many variations on this theme to count them all. Suffice it to say that over-serving your guests with alcohol is risky business. And unless you know your guests and are paying attention, any alcohol brings some risks. </p> <p>Holiday parties will have alcohol. And people will drink. This is perhaps unavoidable. However, there is no need or excuse for encouraging guests to overindulge. In addition, there are just some friends and family that you know cannot control themselves around free booze. Keep an eye on them. Better yet, don't invite them. If you must, take their keys early, keep them under control and plan for an overnight guest. </p> <p>So pay attention, know your guests, put your drunken guests in lockdown, update your <a href="http://www.collinsattorneys.com/lawyer-attorney-1823572.html">homeowner's insurance</a> and be careful to whom you give the Santa suit. Drunken Santa and his elves might be entertaining or even downright hilarious in their holiday antics, but this is one ghost of Christmas that you do not want to visit in the future. </p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a></p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=2trG1AHqPvM:HupyL6ex4ac:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=2trG1AHqPvM:HupyL6ex4ac:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=2trG1AHqPvM:HupyL6ex4ac:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=2trG1AHqPvM:HupyL6ex4ac:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=2trG1AHqPvM:HupyL6ex4ac:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=2trG1AHqPvM:HupyL6ex4ac:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/2trG1AHqPvM" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/2trG1AHqPvM/be-wary-of-the-man-in-the-red.html http://www.newmexicoinjuryattorneyblog.com/2011/12/be-wary-of-the-man-in-the-red.html Auto Accidents Dram Shop Liability Premises Liability christmas parties dwi accidents holiday parties social host liability Fri, 09 Dec 2011 15:53:23 -0700 http://www.newmexicoinjuryattorneyblog.com/2011/12/be-wary-of-the-man-in-the-red.html <p>A recent case from the New Mexico Court of Appeals is good reading for both merchants and shoppers with the coming holiday shopping season. The case of <a href="http://www.collinsattorneys.com/docs/holguin_v._sally_beauty_supply__nmca_2011__malicious_abuse_of_process_-_malicious_prosecution.pdf">Holguin v. Sally Beauty Supply</a> illustrates some basic "do's and don'ts" of holiday shopping. </p> <p>The case stemmed from the use of one of the "eco-friendly" bags that have become so popular these days. Ms. Holguin was shopping at Sally Beauty Supply with her eco-friendly bag. While doing so, she put merchandize in the bag and headed to the counter to ask some questions. Before she could get there, the assistant manager stopped her, accused her of shoplifting, and detained her until the police arrived. Upon refusal to sign a "no trespass" statement and admit guilt, Ms. Holguin was arrested. </p> <p>It is not clear from the record, but apparently the criminal shoplifting charges were never filed or the charges were dismissed resulting in a <a href="http://www.collinsattorneys.com/lawyer-attorney-1448118.html">personal injury lawsuit </a>against Sally Beauty Supply for "false imprisonment, false accusation of shoplifting, and false and malicious abuse of prosecution."</p> <p>The district court judge dismissed the action on the grounds that merchants have a qualified privilege to detain a shopper when they believe the shopper willfully concealed merchandise under NMSA §30-16-23 and therefore were immune from suit. </p> <p>The New Mexico Court of Appeals framed the issues as follows: <br /> <blockquote>"(1) whether a customer who places merchandise into a reusable, personal canvas shopping bag, without more, has "willfully concealed" merchandise; and (2) whether a statutory presumption of intent applicable to a criminal prosecution for shoplifting also applies to the merchant's conditional privilege."</blockquote></p> <p>Unlike the district court, the Court of Appeals answered in the negative to both these questions resulting in a reversal of the district court's grant of summary judgment. The case was then appealed to the New Mexico Supreme Court where certiorari was denied making this case the law for now. </p> <p>The statute in question, NMSA § 30-16-23 states that if merchant has:<br /> <blockquote>"probable cause for believing that a person has willfully taken possession of any merchandise with the intention of converting it without paying for it, or has willfully concealed merchandise... the merchant may...take the person into custody ...Such taking into custody or detention shall not subject...merchant to any criminal or <a href="http://www.collinsattorneys.com/lawyer-attorney-1493156.html">civil liability</a>."</blockquote></p> <p>The Court engaged in a lengthy discussion on the meaning of the terms probable cause, intent to convert (steal), and willfully conceal. The Court stated plainly that the burden is on the merchant to show probable cause at the time of the customer was detained. </p> <p>The Court recognized that in self-serve stores as most stores are today, there are countless situations where merchandise might be concealed without the intent to steal. As such, simple concealment is not enough. The burden is also on the merchant to show the person concealed the merchandise with the intent to steal it. </p> <p>The Court acknowledged that under the criminal law of shoplifting, there is a presumption of intent to steal once the merchandise is concealed. However, this is a mere presumption and it is left for the jury to decide. In any event the Court ruled that the statutory presumption of intent under the criminal shoplifting statute did not apply to a merchant's qualified privilege and immunity under NMSA §30-16-23. </p> <p>The Court stated that whether the merchant has met the burden of proving probable cause is determined by the totality of the circumstances. In this particular case, the totality of the circumstances did not suggest that requisite intent to support summary judgment. The court basically said that this issue should be decided by a jury and not by the court on summary judgment. </p> <p>In light of the prevalence of eco-friendly shopping bags, which presumably are for shopping, there are likely to be a number of such encounters during the holiday season. Both merchants and shoppers should proceed with due care in light of this decision. After all, there are significant risks for both. </p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a><br /> </p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=c-1OjRlfpdk:LXrCacfw6gU:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=c-1OjRlfpdk:LXrCacfw6gU:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=c-1OjRlfpdk:LXrCacfw6gU:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=c-1OjRlfpdk:LXrCacfw6gU:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=c-1OjRlfpdk:LXrCacfw6gU:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=c-1OjRlfpdk:LXrCacfw6gU:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/c-1OjRlfpdk" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/c-1OjRlfpdk/eco-friendly-shopping-shoplift.html http://www.newmexicoinjuryattorneyblog.com/2011/11/eco-friendly-shopping-shoplift.html Liability & Fault Miscellaneous Torts Premises Liability Wed, 23 Nov 2011 14:03:21 -0700 http://www.newmexicoinjuryattorneyblog.com/2011/11/eco-friendly-shopping-shoplift.html <p>A home is often the single biggest investment one can make, and there are many types of risks associated with home ownership. The purchase of <a href="http://www.collinsattorneys.com/lawyer-attorney-1823572.html">homeowners insurance</a> can help minimize some risks, and is typically required by most mortgage lenders. </p> <p>There are varying levels of insurance coverage. The level of coverage is set forth in the<a href="http://www.collinsattorneys.com/lawyer-attorney-1493191.html"> insurance policy limits</a>. There will be different limits for different coverages within the same policy. Though it is generally advisable to get as much coverage as financially possible, a basic homeowners insurance policy can be an affordable option for those just starting out or for those needing to cut back on expenses. </p> <p>A homeowner's policy typically includes two main sections: property and <a href="http://www.collinsattorneys.com/lawyer-attorney-1493156.html">liability coverage</a>. The property section includes coverage for the actual home and detached structures, like garages and sheds. Detached structures are generally insured for approximately 10% of the dwelling limit. </p> <p>Keep in mind that the dwelling limit does not consider the value of the land the home sits on, so this limit will not reflect the full market value of the home. Nor should the dwelling limit reflect the amount of the mortgage, as this can leave a homeowner either underinsured or paying more for insurance than can be used. </p> <p>In choosing property coverage limits, the dwelling limit can be considered in terms of "actual cash value" (ACV) or "replacement cost" (RC). ACV considers what it would cost to replace your home, less depreciation. RC reflects what it would cost to repair or rebuild your home without depreciation. <br /> <br /> The property section also includes personal property coverage, which is the contents of the home and is usually covered at 50% to 70% of the dwelling limit. This coverage may also include "off-premises" coverage for items that incur loss outside of the home. Personal property coverage can also be considered in ACV or RC terms. RC coverage allows for replacement of an item with a similar type and quality at current prices, while ACV coverage considers depreciation of an item upon loss. </p> <p>Loss of use, also known as additional living expense, is another coverage outlined in the property section of the basic homeowners policy. This coverage provides for expenses a homeowner incurs when unable to use the home due to a covered loss, and is typically limited to 20% of the dwelling limit. These expenses may involve staying at a hotel or eating at a restaurant while repairs are being made. </p> <p>The second section of the basic homeowners policy involves liability coverage. This coverage is available when you or a family member has been found legally responsible for causing injury to someone or to someone's property. It helps protect against the financial loss resulting from a lawsuit. The typical limit is $100,000; however, this amount can fall short when a serious injury is involved. Like most insurance, the risk of inadequate insurance depends on your financial circumstances. Likewise, the ability to purchase additional levels of coverage may not be financially possible. But, it is wise to carry as much as possible to cover any potential judgment. </p> <p>Medical payments coverage, or guest medical, is also found under the liability section and provides for payment of medical expenses incurred by someone who is accidentally injured on your property regardless of legal liability. Limits generally begin at $1,000 per person, per accident. Again, this is generally inadequate and one would be wise to carry greater limits if financially feasible. </p> <p>The basic homeowners policy can help minimize the risk of typical losses that a homeowner may face. It may not cover every conceivable loss, but it will satisfy the requirements of most mortgage lenders and relieve some of the anxiety of managing one of life's biggest investments.</p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a><br /> </p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=6nNNo7_tb74:5zAoslOUixg:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=6nNNo7_tb74:5zAoslOUixg:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=6nNNo7_tb74:5zAoslOUixg:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=6nNNo7_tb74:5zAoslOUixg:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=6nNNo7_tb74:5zAoslOUixg:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=6nNNo7_tb74:5zAoslOUixg:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/6nNNo7_tb74" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/6nNNo7_tb74/the-basics-of-homeowners-insur.html http://www.newmexicoinjuryattorneyblog.com/2011/11/the-basics-of-homeowners-insur.html Insurance Issues Liability & Fault Premises Liability homeowner's insurance insurance coverage limits liability limits Fri, 18 Nov 2011 19:28:24 -0700 http://www.newmexicoinjuryattorneyblog.com/2011/11/the-basics-of-homeowners-insur.html <p>Costs can be significant in a<a href="http://www.collinsattorneys.com/lawyer-attorney-1448118.html"> personal injury claim</a>. These costs can include the standard filing fees, depositions costs, travel costs, and so on. In addition, there can also be significant expert witness costs on both sides of the lawsuit. </p> <p>In some cases, a number of experts in different fields may be necessary. For instance, accident reconstruction experts may be required to determine the cause of an accident. Medical experts may be required to determine the cause and extent of injuries. Vocational rehabilitation experts may be required to determine disability. Economic experts may be required to prove loss of future income. There are countless other situations where the specialized knowledge of an expert would be needed. And again, these costs occur on both sides of the lawsuit.</p> <p>Depending on the nature of the accident and the lawsuit, these costs can be enormous. For instance, for every expert there will be a deposition by the other side's attorney. Often out of state experts are required due to required expertise. The attorneys will have to travel to the expert, often requiring expensive travel expenses. The attorney or party requesting the deposition will also have to pay what are often very hefty hourly rates to the expert. </p> <p>Many of the same costs, other than the hourly fees, apply to fact witnesses. Just like the experts, these witnesses are often out of state the same requiring the same travel expenses for their deposition. Finally, there are the court reporters that must be in attendance at each and every deposition. Court reporters are very expensive. </p> <p>As one can see, a personal injury lawsuit can get very expensive very quickly for both sides. In light of this fact, clients generally want to know who will pay for these costs. In most run of the mill contingency cases, the costs are advanced by the attorney. The attorney is then reimbursed from any settlement or verdict. So ultimately, the client is responsible since the costs are paid out of the total verdict or settlement. This in turn reduces the proceeds that the client eventually receives. </p> <p>Because the client is ultimately responsible for costs, clients need to consider all the possible costs of litigation at each stage of the case. Litigation costs should be carefully considered during settlement discussions. This includes pre-litigation settlement negotiations when potential costs are not so apparent as when the litigation begins. </p> <p>Often times, clients have a figure in mind of what their case is worth. Many personal injury cases are emotionally charged and deeply personal which will sometimes influence the desired outcome. Without going into a discussion of the accuracy of these valuations, suffice it to say that the clients are prone both to overvalue their claims and to fail to consider the costs of getting to that figure when emotions rather than reason drive the valuation process . Often times, however, these costs will more than offset the possibility of a higher verdict or even a higher settlement further into the litigation process. </p> <p>Though it can be very hard, it is generally best to try to look at the case in purely economic terms. This means carefully assessing the strengths of the case, the risks of litigation and the costs of litigation from beginning to end. Failure to approach the case with all this mind can result in a client netting less on a larger settlement or verdict than on a smaller one reached earlier in the process. And that is a net loss that can often be avoided.</p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a></p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=EDeKqFIRFm0:Xe-_72xjACw:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=EDeKqFIRFm0:Xe-_72xjACw:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=EDeKqFIRFm0:Xe-_72xjACw:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=EDeKqFIRFm0:Xe-_72xjACw:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=EDeKqFIRFm0:Xe-_72xjACw:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=EDeKqFIRFm0:Xe-_72xjACw:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/EDeKqFIRFm0" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/EDeKqFIRFm0/consideration-of-costs-in-pers.html http://www.newmexicoinjuryattorneyblog.com/2011/11/consideration-of-costs-in-pers.html depositions discovery costs expert witnesses Wed, 09 Nov 2011 17:26:53 -0700 http://www.newmexicoinjuryattorneyblog.com/2011/11/consideration-of-costs-in-pers.html <p>The $12 million verdict against Progressive Insurance last week in Albuquerque brings up a host of interesting issues. First, it is worth noting that the judgment was on counter-claims following a lawsuit initiated by Progressive against its own insured. Second, the verdict was 9 years in the making and the trial ending last week would not have occurred at all but for the persistence of the defendant/counter-claimant's attorney and the thoughtful analysis of the New Mexico Court of Appeals in its 2009 unpublished opinion <a href="http://www.collinsattorneys.com/docs/progressive_v._vigil_bad_faith_extrinsic_evidence.pdf">Progressive v. Vigil.</a> </p> <p>The case involved a rollover <a href="http://www.collinsattorneys.com/lawyer-attorney-1448120.html">car accident</a> that resulted in the death of one of the passengers and serious injuries to 5 others. The police first suspected that alcohol was a factor in the crash but the driver later tested 0.0 on his blood alcohol test and the <a href="http://www.collinsattorneys.com/lawyer-attorney-1448136.html">DWI </a>related manslaughter charges were dismissed. </p> <p>The gist of the case revolves around the<a href="http://www.collinsattorneys.com/lawyer-attorney-1448134.html"> bad faith denial of insurance coverage</a> by Progressive Insurance for the passengers injured in the vehicle. Before getting to last week's trial, the case was dismissed on partial summary judgment by the first district court trial judge where the Vigil's claims were essentially dumped out. The judge in the first trial found that the plaintiff had failed to present evidence of coverage. In doing so, the court restricted consideration to the language in the policy itself, excluding from consideration verbal conversations with the agent, numerous automated responses, and subsequent notices indicating that the policy was in good standing. </p> <p>The Court of Appeals found that this evidence should not have been excluded. Instead, it should have been presented to the jury for the jury to determine whether or not coverage was in place at the time of the accident. The Court stated that in the interpretation of insurance contracts, the courts are not restricted to the policy itself but may look to other evidence beyond the policy. Restriction of consideration to the policy itself is referred to as the "four corners" rule which means that the analysis is restricted to the four corners of the contract. </p> <p>The Court of Appeals specifically rejected the four corners rule in cases involving consumer insurance contracts. The Court recognized that the great majority of policyholders rely largely or entirely on the representations of their agents. The court tacitly acknowledged that few if any consumers of insurance read the policy cover to cover. As such, the Court ruled that extrinsic evidence outside the contract such as conversations with an agent, automated responses, correspondence, and notices could be considered when ambiguity arises as to the terms of the contract. Specifically, the Court of Appeals stated:</p> <blockquote>"In this case, the evidence of the representations regarding the change in coverage to delete one vehicle and add another, followed by the repeated representations by the automated system and the customer service representatives about the November 15 premium date must be addressed at trial to determine whether the facts support a temporary contract of insurances, notwithstanding the existence of prior unambiguous policy language reflecting an end date of November 3, 2002." The Court of Appeals therefore reversed the district court's summary judgment on the coverage issue sending the case back to district court for retrial. </blockquote> <p>The evidence submitted to the jury this time around would have never gotten to the jury if the analysis was restricted solely to the insurance policy itself. Had the analysis been restricted to the policy itself, the jury would not have heard all of the evidence that the premiums were either current or at the very least that the Vigils were led to believe the premiums were current. Instead the jury would have heard only that Progressive made payments on the lapsed policy of a deadbeat client for which it sought reimbursement. </p> <p>Fortunately, due to the New Mexico Court of Appeals and the persistence of the Vigils and their attorney, the jury did hear the evidence. And the jury spoke loud and clear. Suffice it to say that in light of the evidence formerly excluded by the original trial judge, the jury found Progressive's behavior to be outrageous enough to justify the $12 million verdict. In short, Progressive's miscalculation in filing a lawsuit against its own insured backfired in the worst possible way. We will have to wait to see how this verdict will be spun to paint Progressive and the insurance industry as the victim of greedy trial lawyers and opportunistic plaintiffs.</p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a></p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=dXIFxw6MH6k:e5Wa0xkH5AU:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=dXIFxw6MH6k:e5Wa0xkH5AU:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=dXIFxw6MH6k:e5Wa0xkH5AU:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=dXIFxw6MH6k:e5Wa0xkH5AU:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=dXIFxw6MH6k:e5Wa0xkH5AU:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=dXIFxw6MH6k:e5Wa0xkH5AU:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/dXIFxw6MH6k" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/dXIFxw6MH6k/bad-faith-insurance-verdict--.html http://www.newmexicoinjuryattorneyblog.com/2011/11/bad-faith-insurance-verdict--.html Auto Accidents Evidence Insurance Issues Tue, 01 Nov 2011 14:42:07 -0700 http://www.newmexicoinjuryattorneyblog.com/2011/11/bad-faith-insurance-verdict--.html <p>Sitting on a non-profit board can be very rewarding with significant contributions to the community and to causes close to your heart. However, there are a number of potentially very serious financial risks associated with non-profit board participation. </p> <p>Non-profit does not mean non-accountability. Non-profit board members are largely held to the same levels of responsibility and accountability as other board members. And just like other boards, a board member's private assets may be placed at risk in case of many lawsuits.</p> <p>So what kind of lawsuits do non-profit board members face? They are the same types of claims that we have all become far too familiar with in the age of Enron, WorldCom, Tyco, Arthur Andersen, and the more recent calamities in the financial industries. They include claims for financial mismanagement, fraud and tax evasion. Though not entirely unique to non-profits, there is particularly acute financial exposure for malfeasance related to fundraising and grant activities. </p> <p>Perhaps the greatest, but least anticipated hazard for non-profit board members is exposure for <a href="http://www.collinsattorneys.com/lawyer-attorney-1750408.html">employment discrimination lawsuits</a>. When entering a non-profit board, one typically does not consider this risk. However, when you think about it, these types of claims are perhaps more likely in the non-profit world than in the for-profit world. Unlike for-profit institutions, non-profits often have very narrow causes with very precise visions and mission statements with which they expect their employees to agree. Unfortunately, these expectations do not always mesh well with the laws regarding employment discrimination. </p> <p>A lawsuit does not necessarily mean liability in any of these areas. However, defense of these suits can be astronomically expensive. It is not uncommon for the legal costs associated with an employment case to go well above $100,000. So even if you win in the end, it may be a very hollow and costly victory in the absence of protections.</p> <p>There are a number of protections that can be put in place in case you are considering going down this road. First of all, the non-profit should have D&O (Directors and Officers) insurance coverage for board members. If it doesn't, you would be wise to think long and hard about sitting on that board. Due to the high number of employment discrimination claims with over 99,000 filed against employers (profit and non-profit) in 2010 alone, you would be wise is at all within the financial means of the organization to insist on Employment Practices Insurance (EPL) as well. In the event, they don't have it or can't afford it, proceed with the greatest of caution.</p> <p>In addition to D&O and EPL coverage, you might want to also look into <a href="http://www.collinsattorneys.com/lawyer-attorney-1826173.html">PLUP coverage</a> (Personal Liability Umbrella Policy). If you already have a PLUP, you might want to sit down with your agent to evaluate the adequacy of protection for non-profit board activities. A PLUP will under certain circumstances provide some protection for liability while sitting on a non-profit board. Typically, the coverage is available only if the position is unpaid. Again, this is something you would need to discuss with your insurance agent along with additional or alternative coverage. </p> <p>In addition to the insurance coverages which are a must for anyone embarking on non-profit board participation, you would be wise to look closely at the operations of the non-profit to determine the potential risks. Like any company, some non-profits are just poorly managed. On the one hand, the board may be able to assist in correcting the mismanagement. On the other, there are some levels of mismanagement and/or impropriety that suggest finding another opportunity for non-profit and community service. This is something that you may need to discuss with your CPA, your lawyer, your insurance agent, your financial advisors, and anyone else that may have reservations about participation with a poorly managed non-profit. </p> <p>Again, keep in mind that employment discrimination suits are a significant risk. So just looking at the books may not be enough to determine your financial risks. You may also need to take a look at the employment and personnel policies and procedures that are in place. If there are none, or they have not been reviewed of late, or they simply are not followed, this again is something you must take into consideration before sitting on that board. </p> <p>In short, though it is admirable to give back through non-profit board participation, it is a serious commitment with serious potential financial considerations. It should not be taken lightly prior to or after the decision to sit on the board. Gone are the days where board membership is simply a symbol of status, or an exercise in networking or client development. If you are thinking of simply throwing your hat in the ring, you might consider that in this case your hat may contain all your worldly possessions. </p> <p><a href="http://www.collinsattorneys.com/index.html">Collins & Collins, P.C.</a><br /> <a href="http://www.collinsattorneys.com/lawyer-attorney-1448087.html">Albuquerque Attorneys</a> </p> <p><a href="http://www.collinsattorneys.com/lawyer-attorney-1448101.html"><div style="text-align: center;"><em><strong>DISCLAIMER</strong></em></div></a><br /> </p><div class="feedflare"> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=3hZm-JB9nNA:PKApnXjbamI:yIl2AUoC8zA"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=yIl2AUoC8zA" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=3hZm-JB9nNA:PKApnXjbamI:F7zBnMyn0Lo"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=3hZm-JB9nNA:PKApnXjbamI:F7zBnMyn0Lo" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=3hZm-JB9nNA:PKApnXjbamI:V_sGLiPBpWU"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?i=3hZm-JB9nNA:PKApnXjbamI:V_sGLiPBpWU" border="0"></img></a> <a href="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?a=3hZm-JB9nNA:PKApnXjbamI:qj6IDK7rITs"><img src="http://feeds.feedburner.com/~ff/NewMexicoInjuryAttorneyBlog?d=qj6IDK7rITs" border="0"></img></a> </div><img src="http://feeds.feedburner.com/~r/NewMexicoInjuryAttorneyBlog/~4/3hZm-JB9nNA" height="1" width="1"/> http://feedproxy.google.com/~r/NewMexicoInjuryAttorneyBlog/~3/3hZm-JB9nNA/personal-liability-associated.html http://www.newmexicoinjuryattorneyblog.com/2011/10/personal-liability-associated.html Insurance Issues Liability & Fault Fri, 28 Oct 2011 10:28:57 -0700 http://www.newmexicoinjuryattorneyblog.com/2011/10/personal-liability-associated.html