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Los Lunas Personal Injury Law Blog

When am I eligible to sue my landlord for illnesses or injuries?

Landlords have a responsibility to keep the properties that they own and rent out free of potential health hazards. It also is their responsibility to ensure that the place they're renting is up to current housing codes also. If they fail to do this, and some serious illness or injury results from their negligence, then they can be held liable for paying any medical bills, lost wages and other expenses the injured party may amass.

When a landlord decides to put up a place for rent, there's an implied habitability warranty that comes along with it. It serves as a sort of guarantee that the property that a tenant is looking to rent doesn't pose any known safety or health risks to them.

Can I be compensated for emotional distress caused by a wreck?

Sometimes, injuries that you suffer in a car crash aren't just physical, but are mentally or emotionally debilitating as well. The concept of pain and suffering applies to both physical injuries as well as their non-tangible ones that you may suffer in a crash.

If you've suffered persistent and documented distress since your car accident over a prolonged period of time, then you may have a valid reason to allege emotional distress. In order to prove such a claim, though, you'll need to be able to justify that the crash led to your feeling that way.

Valencia man sues Walgreens after he's given the wrong medicine

A Valencia, New Mexico, man has filed a lawsuit against an Espanola area Walgreens. The suit was filed in Santa Fe's District Court on Nov. 2. In the filing, the man alleges that the store sent him home with something other than the muscle relaxer he was prescribed by his doctor in 2014. He claims that whatever drug he was sent home with made him suicidal instead of relieving the pain he suffered after becoming involved in a car accident.

In his lawsuit, the man demands an unspecified amount of damages for medical costs he incurred related to his contemplation of shooting himself. He also asks for lost wages because he was too depressed to work. He notes that he experienced head trauma among other injuries related to the crash.

Speeding drivers can cause catastrophic injuries

You might take every possible precaution behind the wheel, but this is no guarantee that you will be safe. All it takes is one dangerous driver to cause a severe accident, injuring you and putting you out of work.

While texting behind the wheel or driving while drunk are well-known as contributing factors in accidents, you might not realize just how serious other behaviors can be. While some drivers view driving over the posted speed limit as no big deal, it is a seriously dangerous behavior that could be putting you at risk.

Reasons dentists are most often sued for malpractice

Although lawsuits against dentists are rarely publicized in the media, they are just as likely to neglect their responsibilities as any other medical professional might.

One common reason dentists are accused of malpractice is because they fail to procure a patient's informed refusal or consent to carry out a given procedure. When a patient doesn't provide their consent for X-rays necessary for a dentist to diagnose a condition, it's important for him or her to get that in writing.

The most often cited reasons truck accidents occur

During the past few years, federal Hours of Service laws have been passed regulating the amount of hours truckers can travel break-free. Another requirement that has become mandatory is truckers keeping track of their drive times on a electronic log.

Many observers have taken these measures as a sign that fatigue must plague truckers a lot. It's lead many to conclude that this factor must often be to blame for crashes. Statistics show that this is far from the case though.

3 Los Alamos workers are exposed to a radioactive material

Three Los Alamos National Laboratory workers were reportedly exposed to high levels of an undisclosed radioactive material while working in one of the laboratories at the facility on Saturday, Sept. 23. The wing of the facility where the after-hours incident occurred is known to handle plutonium, some of which is used to craft portions of nuclear bombs.

This latest incident marks the second such incident to occur at the same location within the past two months. Another potentially catastrophic incident occurred in August when an employee sent plutonium via plane instead of by vehicle. In both cases, the incidents happened on weekends, when regular supervision was not scheduled to work.

'Standard of care:' How doctors must treat their patients

In the eyes of the law, doctors are expected to provide patients with a certain standard of care. The type of treatment they're expected to provide patients is intended to be consistent across doctor's working in the same community, under the same set of circumstances and with the same degree of expertise or skill.

If a doctor failed to order diagnostic testing of a patient presenting with certain symptoms in a situation in which a similarly trained doctor would have, then he or she may not have provided the patient with a standard level of care. When a patient's condition worsens or he or she dies, this is one of the reasons cited for filing a medical malpractice case.

What are some of the more common types of workplace injuries?

Although it sounds a bit cliche when you hear it, it truly does take a village to get certain things done in the world. That even applies to keeping workers safe on the job.

While there are a number of precautions a worker can take to avoid becoming injured on the job, that's only one-half of the story. It's still possible for them to suffer injuries because either a co-worker or their employer fails to do his or her part to also protect them from harm.

Construction site injuries and your rights as a hurt worker

Working in construction comes with various risks, no matter what type of job you may hold on a New Mexico construction site. Often, construction site accidents happen as the result of preventable hazards and safety issues. Additionally, due to the nature of this particular type of job, construction site accidents often result in serious and debilitating injuries.

If you were hurt while working on a construction site, you know that your full recovery is critical. Your ability to work depends on getting the right kind of medical care and rehabilitation needed to achieve a full and fair recovery. You could be entitled to benefits through your employer's workers' compensation insurance, but you would be wise to fully explore all sources of recompense available to you.

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The Law Firm of David C. Chavez, LLC
651 Highway 314 SW
P.O. Box 1615
Los Lunas, NM 87031

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