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Filing a workers' compensation claim

No matter what type of job you have or what type of industry you work in, it is always possible that you might be involved in some type of on-the-job accident. Many people in New Mexico are injured at work every year in a variety of ways. If this happens to you, it is important that you know the steps to take in order to ensure you receive the compensation and assistance you deserve. 

If your injury requires urgent medical attention, you should go to the nearest facility for treatment. However, as explained by the State of New Mexico Workers' Compensation Administration, for any non-urgent medical needs, you may need to visit a health care provider that has been approved by your employer. If you fail to do this, your medical treatment may not be paid for through workers' compensation. 

One dead, another seriously injured in Santa Fe accident

Most may assume that in the event of a car accident in Roswell, the insurance providers of those involved will cover all of the expenses associated with the accident. That may be true in cases involving simple fender-benders, yet more severe accidents can yield extensive damage to vehicles and cause significant injuries. Such injuries might require people to take time off work in order to recover, or even result in death (which furthers the financial impact through funeral expenses and the potential loss of income). In such cases, whatever amount an insurance company might pay may come nowhere near what is needed to covering the total cost. 

One need look no further than the story surrounding a recent accident that occurred in Santa Fe to get an idea of just how devastating such incidents can be. A local man is dead and another suffered serious injuries following a morning collision between a motorcycle and a car. Authorities say that the car was traveling southbound on U.S. 84 when it crossed over into the center lane and struck the motorcyclist head-on. While an investigation into the crash is still ongoing, officials have not ruled out the possibility that drugs and/or alcohol may have played a role. The motorcyclist died at the scene, while the motorist was rushed to a local hospital for treatment. 

How do you identify a whiplash injury?

Many drivers in New Mexico have experienced a few little bumps and crashes in their time on the road. Rear-end crashes can be somewhat common and may occur anywhere, from rural areas to highways. However, this type of crash can also cause whiplash.

According to Mayo Clinic, whiplash is a type of injury that occurs when your head makes a whip-like motion due to the application of sudden force. When a car hits you from behind, for example, it can cause your head to snap forward rapidly. This is all it takes for a whiplash injury.

When is a dog considered a public nuisance?

If you are the owner of a dog in New Mexico, it is your responsibility to properly care for your pet and to ensure it does not become a public nuisance. According to Animal Protection of New Mexico, an animal that is a public nuisance causes annoyance or trouble for a number of other people. There are different ways your pet could be considered a public nuisance. If you do not stop the behavior or the issues that are causing the problem, you could be charged with a misdemeanor offense.  

One way your pet could be labeled a nuisance is if it is not properly vaccinated against rabies. Allowing your dog to run loose, especially if it is a labeled vicious dog or a female dog in heat, is also labeled as a nuisance.

Avoiding probate for small estates

You often hear estate planning experts in Roswell espouse the wisdom in avoiding having an estate go to probate. This is due to the fact that the cost of probate is taken directly from an estate's assets, which could lower each beneficiary's interest in it. For this reason, many come to us here at the Sanders Law Firm after the death of a loved one panicking that they will lose almost the entire value of the decedents' estates in probate costs. If you share the same concern, not to worry; there is a simple method to avoiding probate (even when a decedent took no action to do so while he or she was still alive). 

According to Section 45-3-1201 of New Mexico's Uniform Probate Code, you can bypass the probate process altogether in the following situation: 

  • You are entitled to property from your loved one's estate
  • At least 30 days has passed since his or her death
  • The total value of his or her estate (less liens and encumbrances) is no more than $50,000
  • There is no applications for the appointment of a personal representative for the estate pending

Can breath test results be challenged?

The shared image that most in Roswell have in reference to drunk driving it likely that of a person outside his or her car blowing into a handheld device under the supervision of a law enforcement officer. Despite measuring one's breath, the actual reading being sought is the alcohol content in one's blood. This might immediately prompt the question of how can a breath measurement say anything abouit your blood? Furthermore, how accurate is such a measurement, and should it be viewed as the sole factor when determining if you are guilty of driving under the influence?

You ingest ethanol alcohol when you drink. That ethanol eventually makes its way to your bloodstream before taking a long journey around your body and eventually ending up in your lungs, where it is vaporized into a gas and escapes your body when you breathe. According to The Alcohol Pharmacology Education Partnership, using your breath to measure your BAC requires assuming that the alcohol content in air you breathe is directly proportional that which is in your blood (yet not equal). A conversion factor is needed for authorities to understand what you BAC based of the alcohol content of your breath. 

Detailing power of attorney expectations

As you prepare to dive deep into your estate planning in Roswell, it is important to remember that during this process, you should not only consider what will happen after you are gone, but also what could potentially happen towards the end of your life. Many come to us here at the Sanders Law Firm wondering how to best prepare for the event that they lose the ability to care for themselves (either through incapacitation or other means). If you share the same concern, then you should consider granting a trusted family member or friend power of attorney. 

Power of attorney privileges basically allow another to make important decisions on your behalf. Granting such authority might seem disabling, but not to worry; simply granting power of attorney does not give someone else complete power over your life. New Mexico state law imposes strict accountability standards on those who have been given this responsibility, requiring them (in general) to act in your best interests (and to the expectations that you hold for them), as well as in good faith and in no way exceeding the exact authority that you specify for them. 

Working conditions and personal safety

Many residents of New Mexico are familiar with the phrase "personal injury," but few are aware of the complexities that can surround such incidents. An injury on the job may not seem likely until it has happened in the blink of an eye. While most New Mexico employers are required by law to provide workers' compensation insurance coverage to employees, the details of these regulations can quickly overwhelm those who are already struggling after an accident. 

Knowing the laws that surround workers' compensation may not always prevent an accident, but awareness can prove beneficial when navigating the system. New Mexico's Workers' Compensation Administration states that safety is a top priority, regardless of the work environment -- and that preventing workplace accidents can help more than the parties involved in a claim. Avoiding dangerous situations can result in cheaper insurance costs and a safer environment altogether. With this said, the WCA notes that the state's workers' compensation law requires a large number of employers to undergo annual safety inspections. Employers who refuse to provide proper safety equipment for all workers could face penalties, depending on the situation. 

Can I get a home loan after bankruptcy?

While nobody likes to admit defeat, sometimes throwing in the towel is the thing to do. Roswell residents who worry that they cannot buy a home after filing for bankruptcy can relax. It will take some time and some work, but you can still achieve the dream of homeownership.

Realtor.com explains that you can expect your credit score to take a hit, but rebuilding your credit and getting a home loan is certainly something you can realize. Once your bankruptcy is final, take these actions to begin repairing your credit.

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701 West Country Club Road
Roswell, NM 88201

Toll Free: 866-755-7229
Phone: 575-578-4392
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4801 Lang NE
Suite 110
Albuquerque, NM 87109

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Hobbs, NM 88240

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1990 E Lohman Ave
Las Cruces, NM 88001

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1100 Sudderth Dr
Ruidoso, NM 88345

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