Month: March 2021

No one likes to think about it, but you cannot argue with the facts. More than 5,000 U.S. workers died from work-related injuries in 2019 alone. Another 2.8 million workers suffered from nonfatal workplace injuries and illnesses.  Manufacturing jobs accounted for 15 percent of all nonfatal injuries and illnesses in the private sector.

What do you do if you are hurt on the job? Immediate treatment for injuries is a top priority. Calling a personal injury attorney who specializes in workers’ compensation law is the next step. Consulting with a legal professional as soon as possible is the best way to ensure you receive fair compensation for your injuries. Never agree to a settlement or payout from a workers’ compensation insurance company without first consulting an attorney.

Occupations with the highest risk

Of all the injuries recorded for 2019, 10 occupations accounted for 33.2 percent of all private-sector injuries and illnesses that required time off from work. The top three occupations with the most injuries per 10,000 full-time equivalents (FTE) workers are:

• Nursing assistants had the highest risk for injury or illness, with roughly 275 incidents. Nursing assistants, especially those who work in nursing homes and other skilled-care facilities, have the highest risk for an on-the-job injury. The kinds of injuries they experienced included back injuries, cuts, bites, and black eyes.
• Heavy and tractor-trailer truck drivers had the second-highest incident rate, at around 265 injuries for every 10,000 FTE workers. Sprains and fractures, slips and falls, repetitive injuries (carpal tunnel), and accidents were the four most common types of injuries truck drivers experienced while on duty.
• Laborers and freight, stock, and material movers were next in line for the most injuries, with around 260 total on-the-job injuries. Sprains and strains, back and spinal cord injuries, and fractures are among the most likely injuries for this profession.

The remaining professions rounding out the top 10 most prone to injury while on the job include light truck drivers, construction laborers, maintenance and repair workers, stockers and order fillers, janitors and cleaners (except maids and housekeepers), registered nurses, and retail salespersons.

When should I call an attorney?

Ideally, you should reach out to a personal injury attorney as soon as possible after a workplace injury. Even if you are still in the hospital being treated for your injuries, reach out. A top-notch personal injury lawyer like Bill Russell will come to you to conduct an initial consultation. Here are some of the top reasons why you should not wait to lawyer-up if you suffer an on-the-job illness or injury.

1. Your employer is trying to blame you for your injury or illness
   Under New Mexico law, an employer cannot try to blame you for a workplace injury to avoid escaping responsibility. Experienced personal injury attorneys understand the complexities of workers’ compensation cases and will speak up on your behalf if your employer tries to shift blame to avoid fairly compensating you for an injury or illness.
2. Your employer’s insurance company is trying to low-ball you
   Insurance providers are notorious for offering as little compensation for your injury or illness as possible. It is their job to protect your employer’s bottom line, and if you do not know what your injuries are worth, you may be tempted to accept less than you deserve. Bill Russell prides himself on standing up for victims. He will fight to make sure you receive a fair settlement and pursue your claim in court if necessary.
3. Your injuries are serious and life-altering
   Sometimes on-the-job accidents cause serious and sometimes permanent disabilities. You will need to make sure all future medical bills are covered, plus any lost wages if you are unable to return to work. An experienced personal injury attorney who knows the ins and outs of workers’ compensation can get enough compensation to meet your ongoing needs.
4. Your employer tries to claim pre-existing medical conditions
   If you have a pre-existing medical condition that affects the same part of your body injured in a workplace accident, your employer could try to argue you are not entitled to compensation. It is difficult to fight this kind of claim on your own. Consult with an attorney immediately if you believe your employer may try to make this claim to avoid responsibility.
5. You need to make a third-party claim
   Sometimes workers who are hurt on the job need to pursue both an employer and a third party to receive fair compensation for their injuries. For instance, if you are injured by a piece of equipment you were required to use for work that the manufacturer of that machine knew was faulty, you could pursue both the equipment manufacturer and your employer. When third parties are involved in a workers’ compensation case, things can get complicated in a hurry. Working with an experienced personal injury attorney is your best bet for a favorable outcome.

How long do I have to file a personal injury lawsuit in New Mexico?

New Mexico law affords victims up to three years from the date of the incident to file a personal injury lawsuit. The sooner you file, the better your chances of success. Most personal injury lawsuits for workplace injuries are settled out of court. This is the best possible outcome for victims so they can avoid a lengthy and stressful trial.

Ready to discuss your workplace injury to see if you qualify for additional compensation? Reach out to Bill Russell today to schedule a no-obligation consultation.  

No one likes to think that Fido could be responsible for their pain and suffering. After all, dogs are a man’s best friend (or so the adage goes). The truth is, dogs can and do bite, sometimes leading to serious injuries. Roughly 4.5 million dog bites happen each year in the U.S. If you are bitten by a dog – even one familiar to you – it is critical to discuss your options with a personal injury lawyer. Injuries suffered from dog bites can have lasting effects on your health and well-being. A personal injury attorney can review your rights under New Mexico law and discuss options to ensure you receive fair compensation for your injuries.

Why do dogs bite?

When it comes right down to it, dogs can bite for several reasons. Even normally friendly dogs can be provoked to attack under the right circumstances. According to the American Veterinary Medical Association (AVMA), here are some of the most common reasons dogs may attack.

• Stress. When dogs find themselves in an unfamiliar situation, it can cause anxiety. If they become stressed out enough, they can lash out at anyone near them.
• Defending their territory. Dogs may perceive threats where none exist. If they think you are threatening them, their puppies, their territory, or even their owners, they may attack.
• Illness. Animals cannot tell us when they are feeling unwell. Sometimes, they communicate their pain in the only way they know how – by biting.
• Playfulness. Dogs can nip and bite when they are playing with other dogs and their human friends. While it is a normal part of play for them, it does not mean you cannot receive a serious injury if it happens.

Ultimately, it is the dog owner’s responsibility to keep their pet under control. Proper socialization and behavior training can go a long way toward preventing dog bites.

Common injuries from dog attacks

Sometimes a nip from a furry friend barely causes a scratch. Other times, it may require stitches. Worst-case scenario, it may require surgery or other life-saving measures.

Some of the common injuries associated with dog bites include:

• Broken bones and skull fractures
• Facial injuries and lacerations
• Head and neck injuries
• Nerve damage
• Puncture wounds
• Rabies

If you are bitten by an unfamiliar dog and cannot determine if the animal is up-to-date on its vaccinations, you may be subjected to preventative treatment for rabies. This involves a series of shots to prevent the rabies virus from infecting you. Rabies shots require two doses, each with a different purpose. The first dose is a fast-acting rabies immune globulin injected near the site of the dog bite wound to prevent the virus from taking hold. Over the next 14 days, you will receive another series of shots aimed at building up your body’s natural immunity to the rabies virus. These are given as injections in the arm or leg. While they are not painful, it is inconvenient to go through the process since it takes several visits to a hospital or other medical practitioner who provides rabies treatment.

New Mexico dog bite law

New Mexico does not have a specific dog bite statute. There are ways for dog attack victims to recover damages for emotional, psychological, and physical pain and suffering.

New Mexico does not have laws that specifically address dog bites and attacks. That does not mean persons who are injured by dogs cannot recover damages. Injured parties have the option of pursuing a strict liability case against the dog’s owner. New Mexico’s supreme court ruled in 2009 that dog owners are strictly liable for any injuries their dogs cause if they know or should have known their dog(s) tended to be vicious.

One of the only exceptions to existing case law is an injured party who deliberately provokes a dog and is then attacked by the dog. If the defendant can prove their dog was intentionally aggravated, the plaintiff will have a difficult time recovering any damages.

How much money can you get if a dog bites you?

How much money you can get if a dog bites or attacks you depends on the seriousness of your injuries and other mitigating factors. We can review the merits of your personal injury claim and advise you on what you can expect to receive in damages if your dog bite claim is successful.

According to the Insurance Information Institute, the average cost paid out for dog bite insurance claims in 2019 was $44,760. A separate study ranks New Mexico 35^th on the list of states with the most dog injury payouts. The most recent statistics available for the state cite 96 dog bite claims with an average award of just over $40,000 for each claim. That is $3.85 million awarded to victims in just one year.

Experienced dog bite lawyers in Albuquerque

As with most personal injury lawsuits, dog bite and dog attack cases often are settled out of court. This is good news for most victims, as it spares them the trauma of going through a court proceeding. Choosing an experienced dog bite attorney is your best bet in securing fair compensation for injuries and pain and suffering from a dog bite or attack.

Bill Russell is one half of the powerhouse team at Cameron & Russell. Born and raised in Albuquerque, Bill is an experienced personal injury lawyer. He is focused on representing injured people and their families throughout New Mexico. His previous work as an insurance defense firm law clerk gives him insight into how insurance companies think, helping victims to navigate the complicated system to receive fair compensation for their dog bite injuries. Reach out to Cameron & Russell today to schedule a no-obligation consultation to discuss your case.

Going to the hospital for a surgical procedure or to receive treatment for a serious medical condition can be scary enough without adding the possibility of medical malpractice to the mix. We trust healthcare providers to fix what ails us – not cause us more pain and suffering. Unfortunately, sometimes doctors and nurses make mistakes. When those mistakes lead to injury, a medical malpractice lawsuit may be in order.

Medical malpractice is the legal term used to define any time a healthcare professional or facility causes injury to a patient through a negligent act or omission. Errors in diagnosis, after-procedure care, or mismanagement of a medical condition are all causes of medical malpractice.

What are the 4 elements of medical malpractice law in New Mexico?

Even when an injury occurs at the hands of a trusted medical provider, medical malpractice is tricky to prove. Injured patients must demonstrate a medical practitioner acted negligently and that their carelessness caused the injury. A qualified New Mexico medical malpractice attorney like Bill Russell can help victims navigate complicated malpractice laws.

There are four elements of New Mexico state law for consideration when filing a medical malpractice claim.

• Medical Review Commission. Before victims can file a medical malpractice lawsuit in New Mexico, they must make an application for review with the commission. Victims should authorize the commission to obtain their medical records. They also should provide information about dates of care and details about the actions or inactions that led to the injury.
• Statute of limitations. Like other types of lawsuits filed in the state, there is a statute of limitations for filing medical malpractice claims. New Mexico requires the filing of a medical malpractice lawsuit within 3 years after the incident.
• Comparative negligence. When medical malpractice victims are partly responsible for their injuries, they can still file a lawsuit. The number of damages they can recover is reduced based on the percentage of the fault that lies with the victim. An example where comparative negligence applies is a patient who fails to take prescribed medication or goes against a medical professional’s advice for the treatment of a condition and suffers further injury or illness.
• Statutory damage caps. Lost wages, lost ability to work, and other non-economic damages like pain and suffering are capped in New Mexico. The maximum amount a victim can receive for statutory damages is $600,000. Excluded from this cap are medical care and related benefits, as well as medical bills incurred due to the alleged malpractice.

How to prove medical malpractice in New Mexico

Proving medical malpractice in New Mexico is difficult, but not impossible. When you work with a personal injury lawyer who specializes in medical malpractice law, you will be advised of the following requirements for providing your case.

1. You must prove a relationship existed
   This is straightforward. Before you can sue a medical provider or facility for malpractice, you must first prove you had a relationship with them. This means you agreed to be treated by the healthcare practitioner or facility and they agreed to administer the treatment.
2. You must prove the healthcare provider or facility was negligent
   This is the hard part. Sometimes patients are unhappy with the outcome of a procedure or treatment plan and want to sue for medical malpractice. The law distinguishes between medical malpractice and a patient that is simply unhappy with results.
3. You must prove negligence caused your injury
   The onus is on the victim to prove an action – or inaction – of a healthcare provider or facility caused their injuries. Many medical malpractice cases involve victims who already were ill or injured due to other conditions and causes. It is up to the victim to prove the injury for which they are claiming malpractice is the result of negligent care from healthcare providers and not an extension of their current condition or illness.
4. You must prove damages
   Even when a medical professional performs below expected standards, a patient cannot sue for malpractice if they did not suffer any harm. Victims of medical malpractice must prove they suffered physical pain, mental anguish, accrued additional medical bills, or have lost the ability to work.

What are the chances of a medical malpractice settlement?

Most medical malpractice lawsuits settle out of court. This is best for the victims, who will be spared the trauma of recounting their experience. It also is in the best interest of medical providers and healthcare facilities who otherwise would endure a public trial that could hurt their bottom lines. Whether you opt to agree to a settlement or pursue a trial, it is important you work with a medical malpractice attorney who can get you a fair settlement.

Finding the best medical malpractice lawyer in Alburquerque

Malpractice laws in New Mexico are complex. Working with an experienced personal injury lawyer can help increase your chances of winning your case. Bill Russell has represented injured people and their families for many years throughout the state of New Mexico. Before he transitioned to personal injury law, Bill Russell worked at an insurance defense firm as a law clerk. That insider knowledge of how the “other side” thinks during a medical malpractice lawsuit works to his advantage.

Do not wait if you think you or a loved one are the victims of medical malpractice. The sooner you consult with a knowledgeable medical malpractice attorney, the better your chances of securing fair compensation. Give Bill Russell a call at 505-218-7844 or contact him online to schedule your no-obligation consultation today.