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Month: March 2022

Can You Sue More Than One Person?

Written by Brandon Herrera on March 23, 2022. Posted in Personal Injury Case. No Comments on Can You Sue More Than One Person?

Personal injury claims sometimes require victims to sue more than one person. Car crashes are a perfect example of when it might be necessary to pursue personal injury claims against more than one person. Workplace accidents are another instance when multiple parties may be responsible for your injuries.

When you’re hurt by someone else’s negligence, it’s important to ensure you get the full amount of compensation afforded to you by personal injury law in New Mexico. Filing multiple claims can maximize your damages.

Hiring an experienced Albuquerque personal injury lawyer can help you determine whether more than one person is responsible for your injuries.

How to determine personal injury liability

Whether you are dealing with one party or two, proving personal injury liability by New Mexico personal injury law standards is the same.

To establish liability, your personal injury attorney must prove the responsible parties:

Owed you a duty to act reasonably.
Failed in their duty by acting negligently.
Caused your injuries because of their carelessness.
Produced damages through their negligence.

Let’s take the case of a car crash, where a manufacturing defect in the vehicle caused the driver to lose control and collide with your vehicle, causing you serious injuries. The at-fault driver admits to police investigating the accident that his car had been acting weird for a few days, but he failed to call a mechanic or the dealership to have it checked. In this case, you could sue the driver plus the car manufacturer if a true defect caused the accident.

Benefits of suing more than one person

The biggest benefit of suing more than one person when you suffer a personal injury is maximizing on your damages. Let’s go back to the example of the car crash with a defective car. That kind of accident could leave you with debilitating spinal cord injuries that cause paralysis. You would be unable to work and may accumulate millions of dollars in medical bills.

Suing all responsible parties for an accident of this magnitude ensures you get enough compensation to cover all your medical bills, plus any ongoing expenses related to a permanent disability.

Joint and severable liability with multiple defendants

Something to keep in mind if you decide to sue more than one person is the joint and severable liability laws in New Mexico. Joint liability means all defendants named in your personal injury claim are equally responsible for your losses. Several liability means the defendants are only responsible for a part of your losses.

Let’s take the car crash example again. You could sue the driver of the vehicle for causing the crash, and the driver could turn around and sue the vehicle manufacturer. When this happens, it’s called joint and several liability by the legal system.

You might be able to sue the driver and the truck company in a personal injury lawsuit stemming from a truck crash.

When to sue more than one person

New Mexico law allows you to recover damages from more than one person if you can meet the burden of proof in establishing each party’s liability. Working with an experienced personal injury attorney can help with determining whether more than one party shares responsibility for your injuries.

Here are some examples of when you might want to sue more than one person to maximize your chances of receiving fair compensation.

Truck crashes. If you are the victim of an accident involving a truck driver, you might be able to sue the truck driver and the trucking company for which he works. An example of when this tactic might be successful would be a trucking company pressuring one of its drivers to cut their required breaks short to make more deliveries. The driver falls asleep at the wheel and crashes into your car.
Slips-and-falls. Let’s say you slip and fall on an uneven sidewalk while shopping at a local retail outlet. The tenant knew the sidewalk was in ill repair and did not post a warning to shoppers about the hazard. The landlord failed to make the necessary repairs when notified by the tenant of the issue. You might be able to sue both the tenant and the landlord for your injuries since each played a role.

Hiring a personal injury lawyer can help

Living with temporary or permanent disability can affect your current and future earnings, plus rack up expensive medical bills. You want to make sure all parties responsible for your injuries share in the damages. Hiring a personal injury lawyer can help you determine who is at fault and how best to pursue personal injury claims against them.

Contact Cameron & Russell for a free case evaluation. They go the extra mile in personal injury cases to ensure you get fair compensation.

Women’s History Month: Sexism in the Workplace

Written by Brandon Herrera on March 17, 2022. Posted in Civil Law. No Comments on Women’s History Month: Sexism in the Workplace

March is Women’s History Month and the perfect time to talk about sexism in the workplace. Sex-based discrimination on the job is a real concern for New Mexican women. It’s also considered a civil rights violation under Title VII of the Civil Rights Act of 1964.

Just how many women experience inequity in the workplace? According to data from Pew Research, about four in ten working women have faced gender-based discrimination. Discrimination comes in many forms, including earning less than male counterparts to being passed over for a promotion.

If you believe you’re the victim of sexism in the workplace, you have legal options. Working with an experienced civil rights attorney can get you the resolution you seek.

What is sex-based discrimination?

Sex-based discrimination in the workforce takes on many forms, according to the U.S. Equal Employment Opportunity Commission (EEOC). It includes firing, fringe benefits, hiring, job assignments, layoffs, promotions, and salary.

Sexism in the workplace also includes sexual harassment. Women subjected to unwelcome sexual advances – verbal or physical – have a legitimate complaint. Offensive remarks about your sexual orientation, gender identity, or pregnancy status also fall into this category.

Gender discrimination can lead to a hostile work environment for women.

What constitutes a hostile work environment in New Mexico?

Sometimes sex-based discrimination is so severe it creates a hostile work environment. New Mexico Statute 28-1-7 (2018) defines when sexism in the workplace crosses that line. Herald v. Bd. Of Regents of the Univ. of New Mexico is an example of sex-based discrimination turning a workplace hostile. The presiding judge in the case rules in the defendant’s favor based on three claims:

Disparate treatment.
Sex discrimination.
Retaliation.

There are several signs that a workplace has become antagonistic. Any time you feel uncomfortable, scared, or intimidated by unwelcome conduct from coworkers or supervisors, your workplace meets the legal definition of hostile.

How to prove sex discrimination

When it comes to proving sex discrimination in the workplace, it always comes down to the decision maker’s intent. Can you support your claim that you were overlooked for a promotion or fired from your job based solely on the thinking of the person in charge of the situation? How do you prove what’s inside another person’s head, guiding their choices?

There may be signs and supporting evidence of a person’s intent. Let’s say your boss repeatedly passes you over for a promotion, even though you have more experience and qualifications than the male colleague he instead advances. A pattern of behavior counts as intent. Here’s how you take circumstantial evidence and build your case:

Provide evidence you are in a protected class.
Provide evidence you were qualified for the promotion.
Provide evidence you didn’t get the promotion.
Provide evidence the employer promoted someone not in your protected class or left the position unfilled.

There are other kinds of anecdotal evidence you can use to support your case. Maybe your supervisor makes negative, offhand remarks about mothers who work outside the home. Document this kind of behavior. It may be useful if you pursue a gender discrimination case.

Filing a sex discrimination claim in New Mexico

If you’ve decided to pursue a gender bias claim against your employer, speaking to an experienced civil rights attorney is the first crucial step. Your attorney can help you decide whether you should file your complaint with the New Mexico Human Rights Bureau or the EEOC. The two agencies have a work-sharing agreement, allowing them to cooperate with each other to process claims.

Acting fast in sex discrimination cases is required under New Mexico Statutes. You have 180 days from the time you believe you were discriminated against for state filing and 300 days for federal filing (EEOC). While it’s not necessary to have an attorney to file a claim with either agency, it is highly recommended.

You also have the option of filing a federal civil rights lawsuit against the offender in a sex discrimination case. Consulting with a civil rights attorney helps you identify if this is the best course of action. Some employment contracts call for mandated mediation with an employer before legal action can be pursued. Your attorney can review your case and provide guidance based on your unique situation.

You don’t have to tolerate sexism at work

Sexist attitudes and practices have no place in the 21^st century workforce. You don’t have to tolerate sex discrimination that causes a hostile workplace. Part of challenging this kind of toxic workplace culture includes legal recourse.

Reach out to the experienced civil rights attorneys at Cameron and Russell to schedule your case evaluation. We’ll help you rid your office of gender bias so you can get back to working hard.

The Pitfalls of Minimum Limits Insurance Coverage

Written by Brandon Herrera on March 10, 2022. Posted in Personal Injury Case. No Comments on The Pitfalls of Minimum Limits Insurance Coverage

Driving in New Mexico can be a stressful experience. The state has many roadways deemed among the most dangerous in the nation, including the I-40 and I-25. That’s just the interstates on the list of roadways where the most accidents happen in New Mexico. There also are state and U.S. highways like State Route 550, affectionately known as “The Death Highway” by locals.

To compensate for dangers New Mexicans face every time they get behind the wheel, state law requires they carry at least $25,000 bodily injury liability limits per person and up to $50,000 per accident in their automobile insurance policies.

Drivers who fail to meet the minimum requirements face fines and other penalties. Even worse, they can open themselves up to personal injury lawsuits if they cause an automobile accident that seriously injures another driver or their passengers.

What is the minimum liability insurance in New Mexico?

New Mexico drivers must carry liability car insurance. Liability insurance covers damages and injuries they may cause to others during an automobile accident. There is a bonus to carrying this type of insurance coverage: it covers their legal defense if someone files a personal injury lawsuit against them.

Drivers must ensure the have the following required minimum limits for liability insurance while operating a motor vehicle in the state:

$25,000 for bodily injury to a single person.
$50,000 for bodily injury to multiple persons in the same accident.
$10,000 for damage to property from one accident.

Policies with this kind of coverage are written as 25/50/10. While there are minimum requirements, drivers should consider buying as much coverage as they can afford. The extra insurance provides a buffer if they cause an accident with damages that exceed the minimum limits.

Advantages and disadvantages of choosing minimum coverage

Without question, the biggest advantage to purchasing only the minimum for automobile insurance liability coverage is lower monthly premiums. However, that savings quickly can diminish if drivers cause an accident with multiple serious injuries that exceed their coverage. They can be on the hook for making up the difference if any of the crash victims file a personal injury lawsuit.

The biggest disadvantage to choosing only minimum coverage is potential financial ruin. As previously mentioned, drivers that cause accidents with multiple serious injuries and extensive destruction to vehicles and other personal property can be on the hook for any damages awarded as part of a personal injury lawsuit.

Minimum bodily injury requirements in New Mexico can be exhausted quickly, even if there are only minor or moderate injuries. That $10,000 property damage limit won’t cover much if drivers must replace or repair multiple vehicles.

What happens without sufficient insurance coverage?

Let’s say a driver fails to yield properly when entering I-40 and causes a multi-vehicle crash with serious injuries. Several of the vehicles must be towed from the scene, and their occupants are transported to the hospital via ambulance. If the at-fault driver carries only minimum coverage, it will not be sufficient for covering the total damages.

Personal injury attorneys often deal with victims who received inadequate compensation from insurance companies. The funds were not sufficient for covering the costs of repairs or replacement to their vehicles, nor pay for any lost wages or medical expenses. Most of the time, personal injury lawyers recommend suing the at-fault party to recoup the losses.

Most insurance companies allow policyholders to increase the limit of liability insurance for an extra premium. Just ask your agent about your options.

How to buy additional coverage

Most insurance companies permit policyholders to increase the limit of liability insurance they have for an extra premium. Drivers who wish to take this route should consider going with liability limits of 50/100/50 to maximize the benefit. Individuals who have valuable assets may want to go even higher, including adding more coverage for their own vehicles to avoid out-of-pocket expenses for repairs.

If an insurance company refuses to allow policyholders to purchase more than the state limit of liability insurance, it may be time to explore coverage with another insurance provider.

Relief for automobile accident victims

Motorists injured in automobile accidents where the at-fault party has only minimum liability insurance coverage may want to consult with a personal injury attorney before agreeing to any kind of settlement from the insurance company. Many times, insurance companies try to pressure victims into settling for less compensation than they deserve if their clients are underinsured.

The personal injury experts at Cameron and Russell can evaluate a case for free to determine the best course of action to ensure victims receive fair compensation for their injuries and other damages. Schedule an appointment today by calling 505-218-7844 or contacting us online.