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Month: October 2021

Manslaughter vs. Murder: What’s the Difference?

Written by Brandon Herrera on October 29, 2021. Posted in Criminal Law. No Comments on Manslaughter vs. Murder: What’s the Difference?

When a person’s actions cause someone else’s death, they may face criminal charges if there is enough evidence to indict. Homicide is the general legal term that refers to the killing of one human being by another. Manslaughter and murder are two classifications of homicide, distinguishable by whether the crime was committed with malice aforethought. If the person planned the act before committing it, they engaged in malice aforethought and can face murder charges. Without premeditation, it is considered manslaughter.

The seriousness of homicide offenses

Homicide is one of the most serious criminal offenses with which a person can be charged. New Mexico laws classifies homicide into the following types:

First-degree murder
Involuntary manslaughter
Second-degree murder
Vehicular homicide
Voluntary manslaughter

Someone who commits homicide may not face charges under certain circumstances. For instance, if a person loses control of their vehicle on an icy roadway and hits and kills a pedestrian, their actions may not be ruled a homicide. The key is determining whether the person was engaging in a legal activity and taking appropriate precautions at the time the homicide occurred. Even if someone is charged with vehicular homicide in this case, a judge or jury ultimately would decide if their actions rose to the level of homicide.

According to New Mexico Statute Section 30-2-1, persons convicted of homicide face:

Up to nine years in prison for a second-degree felony.
Up to 18 years in prison for a first-degree felony.
Up to life imprisonment for a capital felony.

Some states have the death penalty as an option for homicide. New Mexico abolished capital punishment in 2009. It was replaced with life imprisonment and life imprisonment without the possibility of parole.

Manslaughter in New Mexico

New Mexico statutes define manslaughter as “the unlawful killing of a human being without malice.” With the absence of deliberateness, the crime is considered less serious than murder. Two classifications of manslaughter exist in the state:

Involuntary manslaughter is defined in two ways:

A killing that happened during the commission of an unlawful act not classified as a felony under the law. For example, a person who is having an argument with another person and pushes them during the altercation. The victim falls and hits their head and later dies at the hospital. This would be involuntary manslaughter.
A killing that happened when someone is engaged in a legal but careless act. An example is a drug abuser who shares their needle with someone else and that person overdoses.

Involuntary manslaughter is a fourth-degree felony in New Mexico, punishable by up to 18 months in prison and a $5,000 fine.

Voluntary manslaughter is a killing that happens during the heat of the moment. If two men get into an argument that escalates into a physical fight that causes the death of one of them, the other can face voluntary manslaughter charges. A third-degree felony, it is punishable by up to six years in prison and a $5,000 fine.

Murder in New Mexico

Murder in New Mexico is the unlawful killing of one human being by another without lawful justification. There are two types of murder in the state.

First-degree murder is the most serious classification. To be charged with first-degree murder, a person must:

Kill someone through a deliberate, premeditated, and willful act.
Kill someone in the commission of a felony (robbing a bank, breaking and entering, etc.).
Kill someone while engaged in an act that exhibits reckless disregard for human life.

Defendants convicted of first-degree murder have committed a capital offense. Punishment includes life in prison or life in prison without the possibility of parole.

Second-degree murder is the go-to charge for intentional killings that do not rise to the level of first-degree murder by prosecutorial standards. They also do not fit within the legal definition of voluntary manslaughter. Engaging in behavior a person knows is likely to cause another person’s death or serious bodily harm fits into this category. For example, a person who fires a gun into a crowd could face second-degree murder charges.

Defendants convicted of second-degree murder receive sentencing for a second-degree felony, which includes up to 15 years in prison and a $12,500 fine.

Contact an experienced Albuquerque criminal defense attorney

Persons facing homicide charges of any degree can count on the legal expertise of Marcus Cameron. Using a public defender may be free but it may not get defendants the adequate representation they deserve. Cameron and Russell have an excellent reputation for ensuring the rights of their clients. Contact Marcus today to schedule your free consultation.

When Your Doctor Makes an Honest Mistake

Written by Brandon Herrera on October 19, 2021. Posted in Personal Injury Case. No Comments on When Your Doctor Makes an Honest Mistake

Unintentional injuries are the third leading cause of death in the U.S. According to the U.S. Centers for Disease Control and Prevention (CDC), 2.8 million people – roughly 869 deaths per 100,000 people – occur each year due to accidents. Medical errors made by physicians and other healthcare practitioners are included in those statistics. It can be unnerving to think that medical professionals who are supposed to help you could instead cause significant injury or even death.

Victims of medical errors or their surviving family members may wish to pursue medical malpractice claims against the healthcare providers responsible for their pain and suffering. Before seeking out the advice of a personal injury attorney that specializes in medical malpractice, learning the difference between medical negligence and medical malpractice can help determine if victims have a legitimate case.

Medical negligence vs. medical malpractice

Medical negligence is the legal term used to describe an “honest mistake” by a medical practitioner or healthcare team. Even the best and brightest medical professionals can make errors. While their medical misstep can cause injury or pain to the patient, it was not done with intent, so the legal system in New Mexico views it differently. Doctors and other healthcare professionals still can be held accountable for medical negligence.

Medical malpractice is the term applied to the outcome of medical negligence. Sometimes doctors and other healthcare providers can make mistakes, but those errors do not cause pain or suffering to their patients. When a healthcare practitioner’s actions or inactions fail to meet the medical standard of care, and it causes significant injury or illness to their patient, it rises to the level of medical malpractice. Whether intentional or not, the physician or other medical provider is then liable for their actions. New Mexico law requires claims to meet the following criteria to be filed as medical malpractice:

The standard of care was violated. Patients have a right to expect medical care to be administered according to consistent medical standards.
The patient was injured due to medical negligence. Violating the standard of care is not enough to prove medical malpractice. Patients must also show they were injured or otherwise harmed by the negligent actions.
The patient must demonstrate significant damages. Medical malpractice litigation is expensive. Viable cases must show that a patient endured significant damages from injuries suffered from acts of medical negligence.

Examples of medical malpractice

When medical negligence rises to the level of malpractice, it usually involves one of the following situations.

A failure to diagnose properly. Misdiagnosing is a popular reason for filing a medical malpractice lawsuit. When healthcare providers misread or overlook symptoms and fail to diagnose a serious illness or injury, their patients can hold them responsible for any additional suffering they endure because of their failure to provide a correct diagnosis.
A mistake with anesthesia. Patients undergoing certain medical procedures must be placed in an induced state of consciousness to prevent feeling pain. Anesthesiologists can sometimes fail to administer the correct dosage, leaving patients to feel every incision made and procedure performed, but unable to alert doctors and nurses to their pain.
An error with prescription medication. Sometimes doctors prescribe the wrong dosage of a medication, or the wrong medication entirely. Prescription mistakes are another leading cause of medical malpractice lawsuits.

Can you sue for medical negligence?

In most cases, victims of medical malpractice can sue and recover damages either through a settlement or court action. They can receive fair compensation for:

Loss of wages, including future earning capacity, if medical negligence caused a temporary or permanent disability.
Medical expenses, including doctor visits, therapy, prescription medications, and any anticipated future medical interventions.
Pain and suffering, including for both emotional and physical pain.

In New Mexico, claimants must file before the statute of limitations expires. New Mexico law states victims have three years from the date the medical negligence occurred to file for damages against doctors and other healthcare providers.

Next steps for victims of medical negligence

Victims may be reluctant to file a medical malpractice claim, especially if they feel their doctor or other healthcare practitioner made an honest mistake and did not mean to cause them harm. Discussing the circumstances of medical negligence can help victims decide whether to pursue legal action. Choosing an experienced personal injury lawyer experienced in medical malpractice can offer the best outcome. Bill Russell has represented injured people and their families successfully for years. Schedule a hassle-free consultation to discuss your case by calling 505-218-7844 or contact Bill online.

Slip and Fall? Follow These 5 Steps.

Written by Brandon Herrera on October 4, 2021. Posted in Personal Injury Case. No Comments on Slip and Fall? Follow These 5 Steps.

We would all like to think we are graceful and skilled enough to stay on our feet regardless of the conditions. The sad fact is, slips, trips, and falls account for the majority of injuries in the workplace and other public spaces. Sometimes these unfortunate accidents are due to own carelessness. Other times, they happen thanks to the neglect of others who failed to keep publicly accessible areas well-maintained. From crumbling sidewalks to wet floors without posted warning signs, if someone else’s negligence contributed to your slip-and-fall accident, contacting a personal injury attorney is one of the first steps you must take to protect your rights.

How premises liability plays into slip-and-fall accidents

Premises liability dictates that buildings, homes, parking lots, walkways, and any other areas accessible to the public must be maintained to ensure safe travel. This means salting icing walkways and repairing uneven sidewalks or crumbling concrete stairs before someone falls on them. Property owners who fail to abide by premises liability laws in Albuquerque open themselves up to a personal injury lawsuit if someone slips, trips, or falls and suffers serious injuries. Victims of slip-and-fall accidents can seek compensation for their medical bills, lost wages, and pain and suffering. It pays to make sure your property meets all safety standards to avoid this costly mistake.

If you are the victim of a slip-and-fall accident, you must take the following five steps to ensure the best possible outcome if you decide to file a personal injury claim against the property owner.

Slip-and-fall accidents can cause TBIs and other serious injuries.
Photo by **Anna Shvets** from **Pexels**

Step 1: Seek Medical Treatment

Depending on the conditions that caused you to fall, you may have a simple wound like a sprained ankle or something more serious like a Traumatic Brain Injury (TBI). Your priority is to receive medical care for your injuries before all else. In addition to receiving the proper medical treatment for your physical trauma, your medical provider also can document your injuries, which includes details about how they occurred. Your medical records play a vital part in a successful personal injury claim. Validating when – and how – the damage occurred is part of the evidence your personal injury attorney will need to file your claim.

Step 2: Call a Personal Injury Attorney

Once you are examined by a medical professional and your injuries are documented and treated, your next call should be to a personal injury attorney. Even if you are unsure yet whether you plan to sue, consulting a personal injury lawyer immediately as soon as possible is the best course of action. Personal injury attorneys experienced in premise liability can handle the complexities that come with proving your case. Bringing a skilled attorney on board early guarantees you the guidance needed to gather all documentation and information you will need to win damages in an out-of-court settlement or through a jury award if your case goes to court.

Step 3: Report Your Accident

It may seem like this should be the first step, but when you suffer injuries in a slip-and-fall accident, the most important thing is to receive prompt medical attention. Whether the incident happened while shopping at the grocery store or walking down a public sidewalk, you must alert the property owner about the incident. If the place where your slip-and-fall accident occurred is a public facility, ask the management for acknowledgment in writing that you reported your injuries to them and detailed how they happened.

Step 4: Gather Documentation

This is something your personal injury attorney can help you do. As a rule, you will want to gather the names, addresses, and contact information of all potential witnesses to your slip-and-fall accident. Another critical piece of evidence is photos of the scene of the accident. If you fell on a poorly maintained surface like an uneven sidewalk or crumbling staircase, taking photos of the area can help prove your case. Make sure you set aside the clothing and shoes you were wearing when you fell in case the property owner tries to claim that how you were dressed contributed to your accident. Write down as many details about what you were doing before you fell, including the date and time of your accident.

Step 5: Right to Remain Silent

The right to remain silent does not just apply to criminals. Victims of slip-and-fall accidents must decline to give any statements to the property owners or their representatives. Beyond notifying the property owner of your accident, victims are not obligated to speak to them further or provide any additional information. Unscrupulous property owners trying to cover their part in your slip-and-fall accident might try to trick you into taking on some of the blame. It is best to leave all official communication with the property owner to your personal injury attorney.

Working with an experienced slip-and-fall attorney

Working with a knowledgeable slip-and-fall lawyer offers the best outcome in your case. Bill Russell leverages his previous experience as an insurance agent specializing in property and casualty insurance to help victims of premises liability cases. Bill and his dedicated team can handle all the confusing paperwork, ensure filing deadlines are met and give victims the respect they deserve while handling their personal injury cases. Call 505-218-7844 or contact Bill online to schedule your free case revie