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When do I need a personal injury attorney in New Mexico?

Written by bherreracr on February 23, 2021. Posted in Personal Injury Case, Uncategorized. No Comments on When do I need a personal injury attorney in New Mexico?

We have all seen the commercials on TV, advising us that if we were hurt in an accident in New Mexico, we should call a personal injury attorney. While they may seem corny, the advice is right on target. Any time you are a victim of someone else’s negligence, it is always a good idea to consult with a personal injury lawyer. Even if you are unsure you want to sue, a personal injury lawyer can help protect your rights. None of us is immune from making poor choices in life. When those decisions lead to the pain and suffering of others, we need to be held accountable. A personal injury lawyer can help.

What is a personal injury in Albuquerque?

Several kinds of personal injuries may require the representation of a skilled personal injury attorney in New Mexico.

Motor vehicle accidents
Most personal injury claims in Albuquerque involve motor vehicle accidents. New Mexico is ranked one of the top three worst states for traffic accidents. Many of these accidents caused personal injury, temporary or permanent disability, and death. If you are the victim of another driver’s negligence or a surviving family member of a victim, you have the right to sue the liable party for compensation and other damages.
Medical malpractice
Medical professionals are sometimes negligent in the care of their patients. When healthcare practitioners make poor choices, it can leave their patients temporarily or permanently disabled. Medical malpractice is complicated and requires the skill and experience of the best personal injury attorney in New Mexico. Bill Russell is one of the top lawyers in Albuquerque, specializing in personal injury law. He understands the ins and outs of medical malpractice and can help you achieve the best possible outcome in your medical malpractice case.
Workplace accidents
Getting hurt on the job is one of the biggest fears of most people. If you are the primary wage earner in your family, it can be frightening to think about how you would pay the bills if you could not work. Most workers who are injured on the job qualify for worker’s compensation. Sometimes worker’s compensation is not adequate for covering monthly living expenses, plus any medical bills you have incurred from the injury. When this happens, it is appropriate to consult with a personal injury attorney in Albuquerque to find out if you can recover any additional damages.
Product liability
Most of us do not think about our favorite product causing us the kind of injury that can leave us temporary or permanently disabled. Unfortunately, it can and does happen. Design defects, manufacturing defects, and failure-to-warn defects are three types of product liability claims under New Mexico law. Design defects cover a flaw in a product’s design that leads to injury during normal use. Manufacturing defects involve an error in the product that makes it dangerous for normal use by a consumer. Failure-to-warn defects are the most serious kind of product liability and presume a company was aware of a defect and sold it to consumers anyway.
Premises liability
When a property owner fails in their duty to keep their property reasonably safe for visitors, they can be held liable for any injuries or deaths that occur. New Mexico law places sole responsibility on property owners to either ensure the safety of their property or to provide visitors with a warning of unsafe conditions.
Nursing home abuse and neglect
It is difficult to think of our elderly loved ones not receiving the care they need and deserve. Some nursing homes and other facilities providing similar services do not provide a safe and caring environment for their residents. When someone in their care is injured or killed due to negligence, a personal injury attorney can help gather the evidence needed to file a lawsuit or settle your case out of court.

Patient in hospital bed, hospital, patient, injury

Does New Mexico have a statute of limitations for filing a personal injury claim?

New Mexico has strict timelines for personal injury claims known as a statute of limitations. Victims have three years from the date the injury occurred to file a personal injury lawsuit. That time frame is reduced to two years if the negligent party is a government entity. If you are the surviving family member of a victim, you have three years from the date of the person’s death to file a wrongful death lawsuit. For accidents that caused property damage, victims have four years from the date of the accident to file their claim.

These strict timelines are why it is important to consult with a personal injury attorney the minute you are injured due to someone else’s carelessness. Even if you are unsure you will file a lawsuit, it is a good idea to have a personal injury attorney. You can be certain the negligent party – especially businesses and large corporations – will have an entire legal team behind them. We can make sure you are not pressured into accepting a settlement for your injuries. We also can gather supporting evidence should future legal action be needed.

How to hire the best personal injury lawyer in New Mexico

Bill Russell is one of the best personal injury lawyers in New Mexico. When you hire him to represent you in a personal injury case, you can rest assured he will fight hard for you. As a deeply dedicated father who values family time, Bill Russell knows that all it takes is one poor choice by another person to impact an entire family.

Hiring a personal injury lawyer in Albuquerque can feel intimidating. Bill Russell and his legal team go the extra mile to help you feel comfortable and clearly explain your rights. We examine the facts of each case before determining the best course of action. It is always preferable to settle a personal injury case out of court. According to data from the U.S. Department of Justice, only 5 percent of all personal injury cases in the United States find their way into the courtroom. The rest are settled pre-trial. All options for your case are clearly explained during a personal consultation with Bill Russell and his team.

To schedule a no-obligation consultation with Bill Russell and his team, give us a call at 505-218-7844 or contact us online.

Top 6 Tips for Finding the Best Criminal Defense Lawyer in Albuquerque New Mexico

Written by bherreracr on February 23, 2021. Posted in Criminal Law, Uncategorized. No Comments on Top 6 Tips for Finding the Best Criminal Defense Lawyer in Albuquerque New Mexico

Finding the best criminal defense lawyer is a must when you are facing a criminal charge in Albuquerque. Not all criminal defense attorneys have the same level of experience and reputation. Choosing the right criminal defense attorney can mean the difference between the best defense possible and someone who just shows up in the courtroom to stand next to you.

Being charged with a criminal offense is scary. Rushing to find legal representation is never the right approach, especially if you are facing a serious criminal charge like possession of a controlled substance or homicide. You want to find a criminal defense attorney who knows criminal defense law inside and out and can represent you in the best possible light during all legal proceedings. Choosing a criminal defense attorney should never be an afterthought. It is without a doubt the most important step you can take in defending yourself against any criminal charge.

While finding the best fit can seem daunting, following these six steps will help you find the best criminal defense lawyer to represent you in Albuquerque or anywhere else in New Mexico.

Choose a criminal defense lawyer that is responsive
When you are facing a criminal charge, the last thing you need is an attorney who is missing in action. Time is of the essence when mounting a defense. Lawyers who drag their feet risk losing your case. You need a criminal defense lawyer who is able and willing to get right to work on your case. When you or someone else contacts an attorney on your behalf, that attorney should respond quickly. It is not unreasonable to expect an initial consultation with the attorney and his or her legal team within 24 hours. First impressions mean a lot. A criminal defense attorney that is quick to respond to your initial inquiry will likely be responsive for the duration of your case.
Choose a criminal defense lawyer that is experienced
The best criminal defense attorneys know their way in and around the local courts. Local connections and relationships can make a difference when fighting a criminal charge. Having a familiarity with local judges and prosecutors increases your criminal defense attorney’s ability to navigate your case successfully. They will use that knowledge to help create a winning strategy for your case. In addition to making sure your criminal defense attorney knows the ins and outs of the Albuquerque legal scene, they must specialize in criminal law. While it is true that all lawyers receive some training in criminal law during law school, you want to hire an attorney who exclusively practices criminal law. Attorneys who specialize in criminal law are the most up-to-date on practices and procedures and more capable of mounting a solid defense on your behalf.
Choose a criminal defense lawyer who is reputable
When you have been arrested or charged with a criminal offense, there is sometimes a knee-jerk reaction to find a lawyer quickly. This is a mistake that can come back to haunt you later. Taking your time to find a reputable criminal defense attorney is one of the most important strategies of your defense. Be sure to check the State Bar of New Mexico when choosing your attorney. The state bar has a feature for helping you locate criminal defense attorneys near you. Their website also allows consumers to research whether an attorney has any formal discipline on their record or if they have ever lost their license to practice. When you have an attorney in mind, ask him or her for at least three solid references. Another solid tactic is to seek recommendations from lawyers who do not practice criminal defense. Chances are, if you know an attorney who practices in any aspect of the law, they can recommend a colleague they consider reputable and dependable who can handle your criminal case. Looking at online review sites also can provide a glimpse into the experience other clients have had with an attorney you are considering.
Choose a criminal defense lawyer who is transparent
The last thing you need when you are facing a criminal charge is to have an attorney who dodges your questions. This includes clarity on their fee structure and what you can expect to pay upfront and at the conclusion of your case. Some criminal lawyers require a retainer, which is a fee that clients must pay in advance of the attorney beginning any work on the case. An attorney who works on retainer will deduct all fees and expenses for working on your case from the balance of the retainer first. If there is any amount of the retainer left over after your case is concluded, an attorney is required to return the balance to you.
Choose a criminal defense lawyer with a winning attitude
Confidence and enthusiasm go a long way in successfully defending a client against criminal charges. The willingness to conduct a thorough investigation is paramount to a solid criminal defense. You want an attorney who does their homework before encouraging a client to accept a plea bargain when that may not be in their best interest. Having confidence in the courtroom also is important. Criminal court proceedings can move quickly. You need an attorney who is quick on his or her feet and able to respond to any unexpected situation that may arise during court proceedings. An attorney with a winning attitude who is well-spoken is a solid asset to any criminal defense.
Choose a criminal defense lawyer who respects your input
When it comes right down to it, you are the one facing the consequences of a criminal charge. That means you need to find a criminal defense attorney who not only seeks your input on your defense but who also is willing to allow you some control over specific methods of mounting your defense. This does not mean you should try to direct every part of your defense. After all, you are not a criminal defense attorney. What it does mean is you should have the final say on some of the biggest decisions, like whether you should accept a plea deal or go to trial. An attorney who fails to take your wishes into account is not a good criminal defense lawyer.

How do I find the best criminal defense attorney near me?

Marcus Cameron is one of the top criminal defense attorneys in Albuquerque. He has an impressive record. Marcus has participated in over 2,500 administrative and legal hearings. He has defended clients in 47 criminal cases, eight of which were for first-degree murder charges. One of his cases set precedent in the State of New Mexico.

Before becoming a criminal defense attorney, Marcus Cameron served as a Judge Advocate General with the U.S. Army for eight years. He also has worked as a public defender for two years handling felonies, homicides, and violent crimes cases. His experience on both sides of the criminal law fence makes him an asset to anyone facing a criminal charge.

Facing a criminal charge can be difficult and concerning. Arm yourself with the best criminal defense attorney in New Mexico. Call Marcus Cameron and his legal team at 505-218-7844 or contact us online to schedule your no-obligation consultation to discuss your case.

Do You Need a Drunk Driving Attorney if You Get a DUI in Albuquerque?

Written by bherreracr on February 23, 2021. Posted in Personal Injury Case, Uncategorized. No Comments on Do You Need a Drunk Driving Attorney if You Get a DUI in Albuquerque?

Driving under the influence. Driving while intoxicated. It does not matter which acronym you use to describe it. When an individual decides to get behind the wheel while impaired, the consequences are serious. Driving under the influence of legal or illegal substances is a crime in every state. In New Mexico, if you drive a vehicle with a blood alcohol content (BAC) of .08 percent or higher, you are considered DUI.

Is there a difference between DUI and DWI in New Mexico?

Under New Mexico law, a DUI and a DWI are indistinguishable. DUI is an abbreviation for driving under the influence while DWI is short for driving while intoxicated. Both DUI and DWI are charges defendants may face if their driving is affected by a legal or illegal substance or prescribed medication. It does not matter if a substance is legal. If any legal or illegal substance impairs your driving and you are caught behind the wheel while using it, you may find yourself facing a DUI or DWI charge. In New Mexico, most driving under the influence charges are filed as DWIs.

How do the police determine if you are DUI?

It can be a scary experience to find yourself pulled over by the local or state police under suspicion of DUI/DWI. How you handle the situation from the moment you are suspected of impairment behind the wheel can make all the difference in the outcome. Sometimes the local or state police will conduct what is known as a DUI checkpoint. When this happens, officers are randomly selecting drivers to check for impairment. In New Mexico, DUI checkpoints are legal, but there is a list of pre-set guidelines officers must follow when conducting one. If they fail to follow the rules, any drivers they arrest and any evidence they collect as part of the checkpoint may be ruled inadmissible in court.

Other signs police officers look for when determining if a driver should be pulled over for suspected DUI/DWI include:

Speeding
Driving under the speed limit
Erratic driving
Aggressive driving
Improper lane usage
Driving without headlines on

What should I do if I am pulled over for DUI/DWI?

Staying calm and remaining polite during a suspected DUI/DWI stop is highly recommended. Since all police officers in New Mexico are required to wear body cameras, it is likely the encounter is being recorded by the officer. There are some other things you can and should do once the officer approaches your vehicle.

Be sure to provide your name, license, and vehicle registration when prompted by the officer. This is the minimum you are required to do under New Mexico law.
Never admit to drinking (even if you were). Once you open that door, the officer can ask follow-up questions such as how much you had to drink and what kind of alcohol you consumed. An officer also might ask if you are under the influence of any substances. Again, you do not have to answer those types of questions. Doing so is considered self-incrimination and you are not obligated to help an officer build a DUI/DWI case against you.
Decline a field sobriety test. Officers can ask, but you are within your rights in Albuquerque to refuse to comply. While officers can ask you to step out of your vehicle, they cannot force you to take a field sobriety test under New Mexico law. Field sobriety tests are admissible in court. The problem with field sobriety tests for DUI/DWI is they test your balance. There are other reasons besides alcohol or substance use that can affect a person’s balance.

Can I refuse a breathalyzer test or DUI blood test?

This is a question that individuals charged with DUI/DWI ask frequently. New Mexico and all U.S. states have what is known as an Implied Consent Law. That means drivers must agree to take a breathalyzer, blood, or urine test when an officer makes the request. Breathalyzer tests are performed at the scene. If an officer requests a blood or urine test, you will be transported to the nearest hospital to conduct the testing.

If you refuse any of these tests, your driver’s license can be seized. You will be issued a temporary permit by the New Mexico Department of Motor Vehicles, which is valid for 20 days. You must request a hearing to have your permanent driver’s license reinstated within 10 days from the date of your arrest. It can take up to 90 days to schedule a hearing. Your charges also may be upgraded to aggravated DUI/DWI, which carries more serious penalties.

Another question we are asked often is whether you can ask to consult an attorney before agreeing to a field sobriety test, a breathalyzer, or a blood or urine test. Unfortunately, the answer is no.

What is the best way to deal with a DUI/DWI charge in Albuquerque?

Even if this is the first offense, it is in your best interest to consult an attorney about the best way to handle your DUI/DWI charges. Criminal defense attorneys who are experienced in handling DUI/DWI cases are the best chance you have of saving yourself from a driver’s license suspension. They also can use their extensive knowledge of New Mexico case law to get a DUI/DWI charge reduced or dismissed. Sometimes defendants insist on handling their own DUI/DWI cases and are pressured to accept plea deals that are not in their best interest.

What are the penalties for a DUI/DWI in New Mexico?

When individuals violate New Mexico’s DWI laws, the penalties they face depend on whether it is a first offense, or they are a repeat offender.

First-time offenders can expect any combination of the following if they are convicted of DUI/DWI:

An ignition interlock license and device for every vehicle for one year.
Up to 90 days in jail (with 48 hours of jail time mandatory).
Up to a $500 fine.
Up to one year of probation.

Mandatory penalties for first-time offenders include 24 hours of community service, DWI school, and Victim Impact Panel. They also can expect to be required to complete a substance abuse screening and submit to any recommended treatment.

Repeat offenders have many of the same consequences, with increased durations and fines. They also face the possibility of losing their driver’s license permanently.

Can I beat a DUI without a criminal defense attorney?

Sure, you might get lucky. You also might end up agreeing to a plea bargain you later regret. Why take the chance? Marcus Cameron is one of the best DUI attorneys in New Mexico. He has over 23 years of legal experience that includes 2,500 administrative and legal hearings and 47 trials.

Marcus Cameron and his legal team understand the ins and outs of New Mexico DUI/DWI laws. They can advise you on the best course of action to ensure you are treated fairly. This includes determining if accepting a plea bargain is in your best interests, or if a dismissal or downgrading of charges is warranted. Whatever the solution, we will work hard for you. Give us a call at 505-218-7844 or contact us online to schedule your DUI/DWI consultation.

Hiring Legal Representation for Product Liability

Written by bherreracr on October 22, 2020. Posted in Uncategorized. No Comments on Hiring Legal Representation for Product Liability

You waited months for that new face cream to come out from your favorite brand. As soon as it hit the store shelves, you rushed out to buy it. After just one application, your skin became red, irritated, and formed painful blisters. It was hardly the outcome you were anticipating. Calls to the product manufacturer did not resolve the issue. A few days later, you find online reviews that others are having the same painful experience. Is the product defective? Quite possibly.

No one expects a product they buy to be defective, especially if it is a product from one of their favorite brands. We all expect the products we buy to be safe when used for their intended purposes. Unfortunately, that is not always the case. Sometimes products are faulty and can cause serious injury or even death. If you or a loved one has been harmed by a product, you may be legally entitled to compensation from the product’s manufacturer.

What is Product Liability?

Product liability is the legal term to describe the responsibility for injuries or deaths caused by defective products. The manufacturers and sellers of such products can be accountable for any damages. New Mexico law defines three types of product liability claims:

Design defects are flaws in the design of a product that can cause injury to a consumer who is using it as intended. For example, if you are using a brand-new treadmill and the track cracks on it and it throws you off, breaking your leg, that would be considered a design defect.
Failure-to-warn defects mean a manufacturer or seller was aware of a defect and the potential safety hazards associated with it, but sold the product anyway. This is the most serious of all product liability claims because manufacturers and sellers are required to notify consumers of issues with products that could cause them harm.
Manufacturing defects are exactly as they sound – they are errors made in the manufacturing of a product that prevents it from being used as intended.

If you or someone you love has been injured by a product defect, do not wait to seek legal help. You have a right to damages for any temporary or permanent injuries suffered from normal use of the product.

Who is Liable for Product Defects?

While a product liability case might sound mundane, do not be deceived. Product liability cases can be hotly-contested, with multimillion-dollar corporations on the other side. Corporate attorneys will do their best to squash a case to protect the reputation of their clients. That can leave consumers on the hook for thousands in medical bills and lost wages if the injuries they suffered required hospitalization and time off work to recover. Never think you can handle a potential product liability case on your own. They are complex and when big corporations are involved, consumers often get short-changed in the exchange.

Product manufacturers can be held liable for damages their products cause. What is considered a ‘product’ is a very wide range of objects. Products can range from devices used for medical treatment to car parts to the appliances we rely on every day to complete daily living tasks. Whether as big as a truck or as small as a toddler’s toy, defective products come in all shapes and sizes.

If you or a loved one has suffered from a defective product, do not let product manufacturers get away with violating your rights. Make sure you contact The Law Offices of Cameron & Russell, LLC at your earliest convenience, so our legal team can help you evaluate your options.

What is Required to Prove Product Liability?

To be held liable ordinarily requires that the product be used for its intended purpose. An example of using something for its intended purpose might be driving on a new tire. Consumers have the reasonable expectation that a new tire will work as intended on their vehicle, allowing them to safely drive down the road. If that new tire is defective and blows while you are driving the car at 70 mph down the Interstate, causing you to crash and be seriously injured, you may have a product liability case. However, if a child is using a brand new couch for a trampoline and the frame breaks, causing the child to fall and break his arm, that is not a case of product liability since the couch was not being used for its intended purpose.

Product liability cases also generally require proof a defect of some sort exists. These defects are often hidden and things only a specialist might be able to identify. A product may be defective either in its design or by some fault in its manufacture. If you have been harmed by a product and are unsure whether the product suffered from a defect, it is often worth having that product examined. Typically, an expert witness in the field of the type of product that injured you is retained to evaluate whether a product was defective in some manner. Our offices work with expert witnesses to help clients demonstrate they have a valid claim.

What Kinds of Injures Do Defective Products Cause?

Like the number of objects that are considered products, the types of injuries a defective product can cause are numerous. Product liability cases may include injuries such as:

Burns – whether from heat or chemical exposure
Lacerations – cuts and the scars that may follow
Poisoning – such as from lead in a child’s toy
Food poisonings – such as Botulism or E. Coli

In a worst-case scenario, some defective products can even cause a consumer’s death. When that happens, additional legal options may be at your disposal, such as claims of wrongful death in addition to product liability. Our attorneys are experienced in thoroughly evaluating a case to determine the best course of legal action on behalf of our clients.

Collecting Damages for Product Liability

Negligence and strict liability are involved in the majority of product liability cases. As such, compensatory damages may be awarded. Compensatory damages include both economic and non-economic losses. Economic damages typically are comprised of medical expenses, lost income, disability costs, and property damage. Non-economic damages may include pain and suffering and permanent disability or disfigurement.

Punitive damages are rarely awarded in product liability cases. New Mexico law requires the claimant to prove the defendant acted intentionally or with reckless disregard for the well-being of consumers.

Do You Really Need to Hire a Product Liability Attorney?

There are many reasons you may wish to consult an attorney regarding injuries sustained from a defective product. The many injuries detailed above often result in racking up large medical debts that can be compounded by having to take time off from work or for having to pay for services you used to be able to perform yourself before being injured. Manufacturers and sellers may be liable for these damages and more. You need a strong legal team with the experience to evaluate your circumstances and help you make an informed decision.

There are also many non-economic reasons to hire an attorney to work on your case. If a large corporation is putting their interests ahead of the safety of consumers of their product, they need to be brought to justice. Product liability lawsuits can help rebalance the profit incentives so that safety is preserved. Brining a product liability suit can help to ensure that product manufacturers continue to think of their customers first.

Even if a product manufacturer is not careless in their manufacture of a product, there may be other reasons to bring a product liability suit. Since a product’s manufacturer may be strictly liable for the damages their product causes, there may be no need to demonstrate their fault for you to recover. Bringing a product liability suit may help you recover from the losses their product caused, while also alerting the manufacturer to the potential for further similar defects. This has the effect of helping to safeguard future purchasers and generally make products safer for everyone.

Call Cameron & Russell, LLC Today

If you or a loved one has suffered injuries from a defective product, call our offices today. Bill Russell has years of experience representing clients in product liability matters. Our team can help you evaluate your options. We can investigate your case on your behalf, with the help of expert witnesses in any product’s field. Do not let your rights slip away. Call (505) 218-7844 or inquire online to schedule a free consultation.