New Mexico Personal Injury Lawyers

Personal Injury

If you or a loved one have suffered from a serious personal injury due to negligence from one of the following, you need someone on your side fighting for your rights and to get you the compensation you deserve:

  • A defective product

  • An irresponsible manufacturer

  • A medical professional

  • A private business owner or public maintenance

At Killian Davis Richter & Mayle, PC, we honestly evaluate each and every case on an individual basis, and if we believe that you indeed have a case, we will professionally represent you every step along the way.

First Steps in a Personal Injury Case

If you’ve been injured in an accident or in a case where someone else was at fault, your lawyer will help you notify those responsible, depending on the type of accident involved:

  • Motor vehicle accident

  • Slip and fall

  • Medical malpractice

  • Defective product

  • Animal bites

Killian Davis Richter & Mayle, PC can navigate you this complex process for you. Following the correct procedures during the first steps of a personal injury case are critical to winning a fast, fair settlement. With extensive experience practicing law in New Mexico, we can quickly get your case started so that you can get your recovery costs paid as soon as possible.

How We Help You Win Your Personal Injury Claim

At Killian Davis Richter & Mayle, PC, we take the time necessary to thoroughly understand, research, and prepare your case for the best possible outcome. Our skill and expertise covers a broad range of practice areas including personal injury, vehicle accidents, products liability law, Social Security and Disability law, wrongful death, and many others. We can help you:

  • Protect your rights after personal injury

  • Deal with uncooperative parties

  • Determine what your personal injury claim may be worth

  • Navigate and counter the tactics that insurance companies use to avoid compensation

  • Stay on top of the details of your case

  • Negotiate a full and fair settlement

Indications of Neglect or Abuse

Nursing Home Neglectabuse

When family members entrust the elderly to the care of a New Mexico nursing home staff, they assume their loved ones will be provided with professional protection and assistance. Neglect or abuse are insidious violations of this trust and should be noticed and addressed as soon as possible for the safety and health of loved ones who often cannot defend themselves. Family members who commit the care of their elderly loved ones to a nursing home should continually watch for both blatant and subtle signs of neglect or abuse.

  • Nursing home neglect or abuse directly violates the trust family members place in a nursing home staff.

  • Elderly within a nursing home facility should be carefully watched for signs of nursing home neglect or abuse.

  • Blatant indications of neglect or abuse include physical damage to the skin, such as unexplained bruising, open cuts, abrasions, and bedsores; frequent or unusual infections; sudden weight loss or gain; hair loss; soiled clothes and poor condition of hygiene; and damaged, stained, or bloody bedding.

  • Subtle indications of neglect of abuse may include unusual financial needs; personal items disappearing; unusual emotional responses; withdrawal or unresponsiveness physically or emotionally.

Types of Neglect or Abuse

The extensive nature of the care provided within a nursing home facility creates a broad spectrum of possibilities for this care to be neglected or abused. Sexual abuse and wrongful death are the ultimate violations of a vulnerable person seeking a place of rest and care. And while simple, daily tasks may seem insignificant to someone unskilled and untrained, the neglect of any of these can also result in serious ramifications for the elderly. Bed sores, falls, malnutrition, or incorrect medication doses create serious side effects and are clearly neglect of the needs of people who can no longer care for themselves. Neglect can quickly turn into abuse when these needs are continually ignored and the health and life of an elderly person becomes threatened.

  • Sexual abuse and wrongful death seriously violate the rights of the helpless and weak.

  • Neglect of daily care that results in bedsores, falls, malnutrition, dehydration, poor wound care, and inaccurate medication can easily become abuse as this neglect can quickly destroy the body of the elderly.

  • Abuse and neglect in the form of refusal to provide proper hygiene and basic needs threatens the well-being, emotional, and physical state of the elderly.

Immediate Action Required

Because of the serious threat to the elderly, the speed with which a person in fragile health can deteriorate, and the limited window of time for filing a complaint or lawsuit, any case of suspected nursing home neglect or abuse should be immediately addressed. Initial action to protect and then steps to make the facility responsible for their actions should take place with the proper legal backing.

  • The needs of the elderly demand immediate physical protection.

  • Limitations in the time for filing require urgent action.

  • Legal coverage of nursing home facilities necessitate skilled representation.

Vehicle Accidents in New Mexico

Dangerous Highways and Roadways

Driving has become a daily routine for most of us. We think little of taking a trip on the highway or driving through a crowded New Mexico city, sometimes even trying to multitask while we do so. Too often, someone allows familiarity to progress to carelessness, and causes an accident. There are some instances in which an accident can’t be avoided—for example, when nature intervenes—but in most cases, driver error is the cause. Here are some common factors in road accidents:

  • Distraction by cell phone, radio, map, or written materials
  • Distraction by passengers in the car
  • Alcohol and drugs
  • Reckless behavior such as street racing or “showing off”
  • Falling asleep behind the wheel

The accident itself is traumatic for all involved, but afterward, the victims have a long road of recovery. If injuries are permanent, the effects will follow the victim, causing loss of quality of life and great expense for years to come. Wrongful death is the most tragic consequence of roadway accidents, especially when simple negligence is to blame.

Assigning Responsibility for Traffic Accidents

In an ideal situation, the insurance company responsible for the negligent driver would immediately offer the victim of an accident a generous amount of money, enough to cover medical bills, lost wages, and ongoing needs. Of course, this is hardly ever what happens—instead, the insurance company does its best to minimize the amount it pays out, leaving the victim with little if any financial help. An important part of your personal injury lawyer’s job is to convince the responsible insurance company to pay a fair settlement by:

  • Showing that there is enough evidence to prove the negligent driver’s sole responsibility for the accident
  • Compiling an accurate prediction about how much it will cost for you to recover from your physical and emotional injuries
  • Negotiating a payment that will meet your needs

Meeting these goals is a very complex process. Many car accident victims make the mistake of hiring a discount lawyer without enough experience to do the job right, or of accepting the first offer that the insurance company makes. While these may seem like affordable choices at the moment, it doesn’t take long before these people realize that they missed the opportunity to get compensated fully.

Compensation for Accident Victims

Whether your accident was caused by a drunk driver, a trucker who fell asleep at the wheel, or someone who was trying to text and drive at the same time, you deserve to be paid a fair settlement. At Killian Davis Richter & Mayle, our goal is to win you enough money to pay for:

  • Hospital, rehabilitation, and other medical bills
  • Expenses incurred in addition to medical procedures
  • The money you would have made at work during your recovery period
  • The mental and emotional trauma caused by the accident
  • Other costs related to getting back on your feet