What is the Statute of Limitations for a New Mexico Car Accident?

Starting a new business in New Mexico can be an exciting endeavor, but it can also be overwhelming. From choosing the right legal structure to navigating complex regulations, there are many important decisions to make along the way. That's where a business formation attorney comes in. In this blog post, we'll explore the role of a business formation attorney and why every New Mexico resident should consider hiring one when starting their own business.  Expert Guidance: A business formation attorney specializes in helping entrepreneurs navigate the legal aspects of starting a business. They can provide expert guidance on choosing the right legal structure for your business, whether it's a sole proprietorship, partnership, LLC, or corporation. By understanding your specific needs and goals, a business formation attorney can help you make informed decisions that will set your business up for success. Legal Compliance: Ensuring compliance with federal, state, and local regulations is crucial for any new business. A business formation attorney can help you navigate these complex legal requirements and ensure that your business is operating within the law. From obtaining necessary licenses and permits to drafting contracts and agreements, an experienced attorney can help you avoid costly legal mistakes down the road. Protection of Assets: One of the key benefits of working with a business formation attorney is asset protection. By setting up your business properly from the start, you can protect your personal assets from potential liabilities related to your business operations. This added layer of protection can give you peace of mind as you grow your business and take on new opportunities. Long-Term Success: Building a successful business requires careful planning and attention to detail. A business formation attorney can help you create a solid foundation for your business that will support its long-term growth and success. By partnering with an experienced attorney, you can avoid common pitfalls and ensure that your business is positioned for sustainable growth in the years to come. Peace of Mind: Finally, working with a business formation attorney can give you peace of mind knowing that your legal affairs are in order. From drafting contracts to resolving disputes, having an experienced attorney on your side can help you navigate any challenges that may arise as you build and grow your business. Starting a new business is an exciting journey, but it's important to have the right support along the way. Silva & Associates, P.C. can provide valuable guidance and assistance as you navigate the complexities of starting a new venture in New Mexico. Whether you're just getting started or looking to expand an existing business, consider partnering with us to set your business up for long-term success.

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New Mexico's varied landscapes make it a wonderful place to live for both humans and animals. Yet, unexpected encounters with animals can lead to dangerous situations and injuries. In the aftermath of an animal attack, it's crucial to understand your legal rights and the steps you should take to ensure your safety, health, and legal integrity. This blog post is tailored to guide New Mexico residents through the process of responding to an animal attack and how an animal attack attorney can assist you in navigating the legal complexities that may follow.  When Wildlife Encounters Turn Dangerous Living in New Mexico, residents often enjoy the proximity to nature and wildlife. However, this interaction sometimes goes awry, leading to animal attacks that can result in serious injury or trauma. Dog bites are the most common, but incidents involving other domesticated animals or even wild creatures are not unheard of. If you encounter an aggressive animal, prioritizing your safety is key. Once out of harm's way, immediately seek medical attention, even if the injury appears minor. Animal bites can carry a risk of infection or transmit diseases such as rabies. Reporting the incident to local authorities or animal control is also essential. Documentation of the attack creates an official record, which could be pivotal in any subsequent legal action. Legal Avenues for Animal Attack Victims Victims of animal attacks in New Mexico may have several legal avenues for recourse. The state imposes "strict liability" on dog owners in certain cases—meaning the owner may be liable for damages even if they didn't know their dog was dangerous. However, the case particulars can vary based on circumstances and the history of the animal involved. Consulting with an experienced animal attack attorney is essential to understand your rights fully. An attorney specialized in this field will review the facts of your case, explain relevant state laws such as the New Mexico Tort Claims Act, and devise a strategy to pursue fair compensation for your injuries. Compensation might cover medical bills, lost wages, pain and suffering, and even psychological counseling if needed. Choosing the Right Animal Attack Attorney When selecting an attorney to represent you, consider their experience with personal injury law and specifically animal attack cases. A qualified attorney with a deep understanding of New Mexico's statutes concerning animal attacks can be the difference between a dismissed claim and a successfully awarded settlement. Your legal counsel will gather evidence, including medical records and eyewitness accounts, negotiate with insurance companies, and, if necessary, represent your interests in court. Their goal is to ensure that you receive the justice and financial support necessary to recover from the attack. No one anticipates the physical and emotional toll of an animal attack. Such incidents can be particularly traumatic, and the path to recovery may be long and fraught with complicated legal challenges. In New Mexico, where animal encounters are not uncommon, knowing how to proceed with the help of an animal attack attorney can offer victims reassurance during a distressful time. If you or a loved one has been the victim of an animal attack in New Mexico, remember that you're not alone. Legal professionals who specialize in animal attack cases are ready to use their expertise to help you recover the compensation you deserve to move forward with your life. Protect your rights and seek out an attorney who understands the intricate layers of personal injury law in New Mexico. With the right support, you can overcome the aftermath of an animal attack and restore your well-being and peace of mind.

Sustaining a personal injury due to someone else’s negligence can be a traumatic experience, both physically and emotionally. Not only do you have to deal with the immediate pain and recovery process, but you’ll also have to consider the financial strain that comes with it, such as medical bills, lost wages, and other expenses. Fortunately, in New Mexico, you may be entitled to compensation for your injuries. In this blog post, we’ll dive into how personal injury compensation is calculated in New Mexico and what factors can affect the amount you receive. There are several factors that are taken into consideration when calculating personal injury compensation in New Mexico. They typically include:  1. Medical Expenses Medical expenses are likely the most significant factor that determines the amount of compensation you’ll receive. The cost of medical bills, including emergency medical care, hospitalization, medication, therapy, and any other related expenses can be difficult to pay off without help. That is why insurance companies and other responsible parties are usually liable for these costs. 2. Lost Wages If your injury prevents you from working, you may be entitled to compensation for your lost wages. This amount includes the money you earned and would have earned during the time you were unable to work. Additionally, if your injury limits your future earning capacity, you may be entitled to compensation for lost future wages as well. 3. Pain and Suffering Another factor that is considered in personal injury compensation is the physical and emotional pain and suffering caused by the injury. It encompasses the physical pain, emotional distress, and mental anguish that you experience after the injury. Since it's difficult to put a price tag on something as subjective as pain and suffering, courts may use a variety of factors to help determine the compensation amount. 4. Long-Term Impacts If your personal injury causes a permanent or long-term impact on your life, you may be entitled to compensation that will account for this. These include, but not limited to, lost enjoyment of life, loss of certain physical abilities, and loss of companionship. 5. Liability In most personal injury cases, liability means determining who is responsible for causing the injury. If you can prove that the other party was at fault, you might be entitled to receive compensation. New Mexico has a comparative fault system, which takes into account each party’s responsibility for the injury. If the plaintiff shares a portion of responsibility, the compensation amount will be reduced by that percentage. Dealing with a personal injury can be overwhelming, both physically and financially. However, it’s essential to know your rights and understand how personal injury compensation is calculated in New Mexico. Whether you’re pursuing an insurance claim or a legal settlement, having a strong understanding of the factors that will determine your compensation amount will provide you with a better chance of receiving fair compensation for your injuries. If you’re unsure about how to proceed with your case or need legal assistance, consult with an experienced personal injury attorney in New Mexico. They can help you navigate the process and maximize your financial compensation.

Car accidents are common occurrences on roads and highways, and with the number of vehicles on the rise, the probability of an accident happening is even higher. Car accidents can cause serious injury and even death, and it is important to know what to do in case of an accident. If you live in New Mexico and have been in a car accident, you need to be aware of the laws and procedures that come into play to ensure that your rights are protected. In this blog post, we will guide you through what to do after a car accident in New Mexico.  1. Call Emergency Services The first thing to do after a car accident is to check if you or anyone else involved in the accident needs medical assistance. If there are injuries, call 911 immediately and wait for the ambulance and police to arrive. In most cases, the police will take a report of the accident, which can help you in any future legal proceedings. 2. Gather Information While waiting for emergency services, collect information from the other driver(s) involved in the accident. Get their names, contact information, driver's license number, license plate number, and insurance information. It is also helpful to take pictures of the accident scene and any damages to your car, as well as the other car(s) involved. 3. Contact Your Insurance Company After the accident, contact your insurance company as soon as possible to report the incident. Your policy may require you to report the accident within a certain time frame, so it is best to inform them as soon as possible. Your insurance company may ask for the information you collected from the other driver(s), and they will guide you through the claims process. 4. Seek Legal Advice In case of serious injuries or disputes with the other driver(s), it is advisable to seek legal advice. Consult with a personal injury lawyer who is experienced in car accident cases. A lawyer will help you understand the laws and regulations that apply to your case and guide you through the legal process. They will also help you negotiate with insurance companies and maximize your compensation. 5. Be Aware of Time Limits In New Mexico, the statute of limitations for personal injury claims resulting from a car accident is three years from the date of the accident. This means you have three years to file a claim for damages. However, it is advisable not to wait that long and to start the legal process as soon as possible, especially if you have suffered serious injuries. Car accidents can be stressful and traumatic experiences, and it is important to know what to do to protect yourself. If you are in a car accident in New Mexico, the first thing to do is to call emergency services and gather information from the other driver(s). Contact your insurance company and seek legal advice if necessary. Remember to be aware of time limits and start the legal process as soon as possible. By following these steps, you can ensure that your rights are protected and that you receive the compensation you deserve.

Losing a loved one is devastating, but it can be even more heartbreaking when the death is the result of another person's negligence or intentional harm. If you're a New Mexico resident and someone you love has died because of another person's actions, you may be able to file a wrongful death claim to seek justice and compensation. This type of claim can be complex, so it's important to understand your legal rights and options. 1. Who Can File a Wrongful Death Claim in New Mexico? In New Mexico, only certain people are allowed to file a wrongful death claim, including the deceased person's personal representative, surviving spouse, children, parents, or siblings. If none of these parties are available to file the claim, the court may appoint a representative. It's important to speak with an experienced attorney to understand how the legal process works and who can file a claim on behalf of your loved one. 2. What Damages Can You Seek in a Wrongful Death Claim? Damages are the compensation that you can receive for the wrongful death of your loved one. In New Mexico, you may seek damages for a range of losses, including financial support that your loved one would have provided, funeral and burial expenses, medical bills, and loss of companionship, love, and affection. Additionally, if the person responsible for your loved one's death acted with intentional harm, you may also be entitled to punitive damages. An attorney can help you determine the types of damages applicable in your case. 3. How Do You Prove Negligence in a Wrongful Death Claim? To file a wrongful death claim, you must show that the person who caused your loved one's death acted with negligence or other forms of wrongful conduct. Proving negligence involves showing that the person had a duty of care, that they breached that duty, and that their actions caused your loved one's death. For example, if a driver caused a fatal accident because they were texting while driving, they may be considered negligent. An attorney can help gather evidence and build a strong case for your claim. 4. How Long Do You Have to File a Wrongful Death Claim in New Mexico? In New Mexico, you must file a wrongful death claim within three years of your loved one's death. However, there are sometimes exceptions to this deadline, such as if the person responsible for the death was a government entity or if you were not aware of the cause of death until later. It's important to act as quickly as possible and consult with an attorney to understand the time limits that apply in your case. 5. Why Do You Need an Experienced Attorney to File a Wrongful Death Claim in New Mexico? Filing a wrongful death claim can be overwhelming, emotional, and complex. It's essential to have an experienced attorney on your side who understands the legal process and can guide you through each step. An attorney can help you gather evidence, negotiate with insurance companies, file paperwork correctly and on time, and represent you in court if necessary. They can also answer any questions you have and provide support during this difficult time. Losing a loved one is never easy, and filing a wrongful death claim can be a stressful and confusing process. However, if someone you love has died because of another person's actions, filing a claim may be the best option to seek justice and compensation. By understanding your legal rights, working with an experienced attorney, and pursuing all available options for recovery, you can take steps towards finding closure and moving forward after your loss. 

Nobody wants to lose their job, especially if they have been unfairly terminated. Wrongful termination, also known as wrongful dismissal, is when an employee is fired from their job for an illegal or unethical reason. In the state of New Mexico, there are specific laws in place that protect employees from wrongful termination. This blog post will discuss the ins and outs of wrongful termination in New Mexico and what you need to know if you think you have been wrongfully terminated from your job.  New Mexico is an at-will employment state, which means that employers have the right to terminate employees for any lawful reason at any time. However, there are certain situations in which it is illegal for employers to terminate employees. The first type of illegal termination is discrimination. Employers cannot discriminate against employees based on their race, color, religion, sex, national origin, age, physical or mental disability, or genetic information. If an employee is fired because of one of these criteria, it is considered wrongful termination. Another type of wrongful termination in New Mexico is retaliation. Employers cannot fire employees in retaliation for exercising their legal rights, reporting unlawful practices, or making complaints about harassment or discrimination. For example, if an employee files a complaint with HR about a discriminatory practice and is fired as a result, it would be considered retaliation and wrongful termination. Harassment is another reason for wrongful termination. If an employee is terminated because they complained to their employer about being sexually harassed or a hostile work environment, it would be considered wrongful termination. Employers have a legal responsibility to investigate and take appropriate action against harassment in the workplace. Another type of wrongful termination is breach of contract. If an employee has a written employment contract that outlines the terms and conditions of their employment, and the employer violates that contract by terminating the employee without cause, it would be considered a breach of contract and wrongful termination. While New Mexico is an at-will employment state, there are specific situations in which it is illegal for employers to terminate employees. Employers cannot discriminate against employees, retaliate against them for exercising their legal rights, fire them for reporting unlawful practices, or breach their employment contracts. If an employee thinks they have been wrongfully terminated, they have the right to file a claim with the Equal Employment Opportunity Commission (EEOC) or the New Mexico Human Rights Bureau (NMHRB). It is essential to seek legal counsel and know your rights in the event of wrongful termination.

As a resident of New Mexico, it is important to be aware of the potential risks of animal attacks. Animal attacks can cause serious harm and injury, and can also have legal implications. Whether you are hiking in the wilderness, walking your dog in the park, or simply enjoying the outdoors, it is crucial to be prepared and informed about how to avoid animal attacks and what to do if you are attacked. In this blog, we will explore what you need to know as a New Mexico resident about animal attacks.  1. Types of Animal Attacks in New Mexico New Mexico is home to a diverse range of wildlife, including bears, mountain lions, snakes, and spiders. While animal attacks are not common, they do occur, and it is important to be aware of the different types of attacks that can happen. For example, some animals may attack if they feel threatened or cornered, while others may attack if they are hungry or defending their territory. Different animals also have different attack methods, such as biting, scratching, or injecting venom. Knowing the types of animal attacks that can occur in New Mexico can help you better prepare and avoid potential dangers. 2. Prevention and Preparation One of the best ways to avoid animal attacks is to be prepared and take preventative measures. This can include carrying bear spray or pepper spray, hiking with a partner, making noise to alert potential animals of your presence, and understanding animal behaviors and warning signs. It is also important to know what to do if you encounter an animal, such as backing away slowly and avoiding eye contact. Additionally, ensuring that your property is secure can also help prevent animal attacks, such as installing fences and locking up trash cans. 3. Legal Implications of Animal Attacks If you are attacked by an animal, there may be legal implications that you need to be aware of. Depending on the circumstances of the attack, you may be eligible for compensation for any injuries or damages that you sustained. However, it is important to note that liability for animal attacks can be complex, and may vary depending on the type of animal and where the attack occurred. Seeking the assistance of a qualified attorney who understands the legal implications of animal attacks can help ensure that your rights and interests are protected. 4. Reporting Animal Attacks Finally, if you are attacked by an animal, it is important to report the incident to the appropriate authorities. This can include contacting the local animal control agency, park rangers, or law enforcement. Reporting the incident can help prevent future attacks by identifying potential problem animals, and can also provide important evidence for any legal proceedings that may arise from the attack. Animal attacks can be a serious threat, but by taking preventative measures, being prepared, knowing your legal rights, and reporting any incidents, you can help reduce the risk of danger and protect yourself and others. As a New Mexico resident, it is important to be aware of the types of animal attacks that can occur, and to take the necessary steps to prevent and respond to potential dangers. By staying informed and prepared, you can enjoy the outdoors with greater peace of mind.