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Five Ways You May Unintentionally and negatively affect Your Personal Injury Claim

Thu, 02 Jun 2022 19:18:37 GMT

Most people don’t spend their lives preparing for the day when they get into a serious, injury-causing collision or incident. Most of the time, it just happens and we are left to our own judgement about how to handle the situation. Sometimes people make good decisions and sometimes people don’t or either don’t know any better.

Sapien Law LLC seeks to clarify some of the most basic points about common ways you could inadvertently damage or negatively affect your own personal injury claim and seeks to set you on the right track by providing the alternative, better-for-your-case options.

In New Mexico, state law requires that any driver of a motor vehicle carry at least the minimum amount of $25,000 per person per accident and $50,000.00 per occurrence of liability insurance. This is insurance that you pay for to protect you in the event you are at fault and thus liable in an auto collision or other incident involving your automobile. However, just because you pay the premiums doesn’t mean that your insurance company will automatically pay for your losses. In fact, they may be looking for you to make these common mistakes in order to limit or outright deny your claim.

Number 1: Deciding Not to Call the Police

After an auto or trucking collision, it is imperative that you call the police to the scene of the collision or incident involving your auto. It does not matter whether you believe the claim is large or small, on a highway or parking lot, the police should always be contacted. The reason for this is simple: the investigating police department will prepare and file an accident or crash report about the incident. This information is considered highly credible by insurance companies and will provide the initial evidence related to your claim.

Sometimes, when collisions seem to be minor, the parties involved decide not to call the police. This leaves the case wide-open to interpretation later, with a he-said-she-said battle sure to ensue. Not to mention, the witnesses and the parties have limited memories that usually fade over time which makes it more difficult for the insurance company to evaluate your claim.

Right after a collision, people tend to be more regretful and more likely to own up to their part in the incident. If the police are there, they can record this information as well as collect eyewitness accounts. If they are not there, the other driver’s story can be changed later once they had time to think about it.

If your own insurance company doesn’t believe your story likely because of conflicting accounts and because the police were not contacted to investigate the incident the insurer could consider that grounds to deny your claim.

The simple solution to all these woes is to just call the police, immediately so that you can have a record of the events and parties involved which will likely be to your benefit as the claim develops.

Number 2: Not Seeking Medical Treatment

Many people falsely believe that they cannot afford medical treatment, or do not need medical treatment, after an auto collision. This is a major mistake and a great way to negatively affect your personal injury claim.

Additionally, not seeking medical treatment makes it appear to the insurance company that you are not really injured or injured significantly. After all, someone who is seriously injured would surely seek medical treatment immediately. However, many people are involved in collisions and don’t realize they’re injured until later. This is partially because of the adrenaline and commotion and partially because some injuries take time to manifest.

This also applies if you do seek medical treatment right away, but you fail to follow the medical treatment or the doctor’s orders. This situation will appear to the insurance claim representatives as if your injuries aren’t all that serious and will affect the credibility of your claim.

The main recommendation is to always seek medical care through a qualified physician and follow through with checkups and treatments. You are the only person responsible for your health and wellbeing.

Number 3: Exaggerating Your Injuries or Losses

When it comes to making a personal injury claim you want to be completely honest if you are providing a statement to the investigating police officer or to an insurance company claim representative. Not only is this a great policy in life, but not doing so could seriously harm your personal injury claim and your credibility in front of a jury.

When making a claim, you will have to convey to the insurance company exactly what your harms and losses are and whether they will continue into the future. Your medical bills will indicate the dollar amount and your claim for past lost wages can usually be calculated by multiplying your time off work by your usual hourly pay rate.

However, when it comes to additional legal damages, you will want to be careful in the information that you provide to the insurance company. If the insurance company determines that you have exaggerated or embellished your losses this will affect your credibility and this situation could lead to a severely reduced settlement or the insurance company may deny the claim outright.

To prevent this, simply report your claim with complete honesty, no more, no less.

Number 4: Using Social Media

Almost everyone these days spends at least some time on social media ; some of us post a lot more than others. This is all good and well, except when it comes to a personal injury case. This point has two variations, both of which can be devastating to your personal injury claim.

The first point deals with posting information to social media that specifically pertains to your personal injury claim. This is a bad idea and you don’t want to post something that will negatively affect your claim. It is perfectly natural to want to share an important event with your life with your family and friends. We all do it, all the time. However, when it comes to your injury, you want to leave this off social media; all of it.

Insurance companies can and will search your social media pages to find any information that is available to them. Even if your accounts are private, you should refrain from using social media as it pertains to your personal injury case. In addition, do not bash the insurance company or their claim representatives online. This will be perceived negatively and could reflect poorly on your case and your overall credibility.

The second point about social media pertains to posting information that may seemingly have nothing to do with your case. For example, imagine you are injured in an auto collision and file a claim regarding your lower back injury. A few weeks later, you’re invited to your cousin’s wedding and reluctantly attend, swearing to keep your physical activity to a minimum. However, during the event, your cute niece or nephew begs you to slow dance. You do so, despite the pain because it’s so cute. Cute enough for your aunt to snap a picture. This photo gets posted to social media and you’re tagged in it. Now, the insurance company has “proof” that you aren’t really that injured or else you wouldn’t be out dancing at the wedding. They don’t know the circumstances and neither will a jury.

To prevent this, despite how hard it may be, you must stay off of social media while your personal injury claim is in progress. Not everything can or will be used against you later, but it’s better to be safe than sorry. Deactivate your accounts and take a break for a few months. You may actually enjoy the time away from social media.

Number 5: Not Contacting a Personal Injury Attorney

This is one mistake that people make all the time. Plenty of people handle their cases on their own, but whether or not they obtain a settlement that reflects the full value of their case is questionable. Insurance companies, even if they’re your insurance company, are trying to pay as little as possible. They are a business, after all, and reducing their financial long-term exposure is their main interest.

Personal injury attorneys know what tactics insurance companies use, how to redirect them, and at what angle to approach a personal injury claim. Whether or not you hire an attorney is a personal choice, but when dealing with a megacorporation who hold your physical and financial health in their hands, it’s always better to have a legal advocate in your corner fighting on your behalf.

If you are injured in an auto collision or other auto related incident, we hope this information will provide you with the education to know what not to do and what to do. The information is pretty self-explanatory: call the police, see a doctor, be honest, stay off social media, and hire an experienced personal injury attorney. If you do these things, your personal injury claim will be off to a good start.

Sapien Law LLC is available to assist you with your injury claim. Call us at (505) 842-5979 to arrange a free consultation or visit www.sapienlaw.com to complete a brief intake form.

What if I get hit by a drunk driver

Thu, 02 Jun 2022 18:42:38 GMT

What if I'm injured as a passenger in an auto crash with a drunk driver?

Whenever an intoxicated person gets behind the wheel of a motor vehicle, he or she puts everybody else on or near the roadway at risk. A drunk driver is much more likely to be in a collision and often those collisions result in significant injuries and death to passengers, other motorists and pedestrians.

Our law firm has seen first-hand how drunk drivers impact the lives of their victims and their victims’ families including the passengers in the drivers’ own vehicle. Even if the criminal court system prosecutes drunk drivers to the fullest extent of the law, criminal convictions will not fully compensate victims who were injured as a result of such a conscious disregard of others.

That fact is especially disheartening if the victim was injured as a passenger. Another driver might be able to avoid or otherwise diminish the force of an impact with a drunk driver. A passenger is generally is not in a position to avoid the collision and injuries generally ensue.

Proving the negligence of a drunk driver

Negligence per se can occur when a person is guilty of a violation of law that's meant to protect the general public, and protection of the general public is exactly what drunk driving laws are all about. In New Mexico, you would need to prove the following three elements:

The defendant violated a statute or ordinance;
That violation was the proximate cause of the claimant's injury or death;
The statute or ordinance was designed to protect the public from that kind of occurrence

When a drunk driver's violation of a statute or ordinance directly causes injuries to a person, negligence per se can be established.

Although compensation for injuries suffered by the victim of a drunk driver isn't within the purview of the criminal courts, civil courts allow victims to seek compensation and legal damages award against drunk drivers. Those damages might consist of:

Past, present and future medical bills;
Past, present and future loss of earnings and loss of future earnings capacity;
Any permanent disfigurement;
Any permanent or temporary disability;
Past, present and future Pain and suffering;
Loss of enjoyment of life (also known as hedonic damages);
Funeral and burial costs in the event of a wrongful death

Punitive damages awarded to passengers of drunk drivers

The victim might also be allowed to seek punitive damages from the intoxicated driver who caused the crash. It is well established law in New Mexico that an injured person is allowed to seek punitive damages from a drunk driver as a result of the drunk driver's conscious disregard for the safety of others. The purpose of those punitive damages is to deter others from driving under the influence.

Most insurance companies don't pay punitive damages awards under a standard auto liability policy. The passenger would need to collect those damages directly from the drunk driver or through their own Uninsured/Uninsured Motorist (UM/UIM) coverage. It is recommended that you purchase at least $250,000/$500,000 in liability coverage through your auto insurer and also purchase the equal amount UM/UIM coverage. New Mexico law allows for stacking of all the UM/UIM coverage for each vehicle you own provided that you pay the individual premium charge for the UM/UIM coverage. Higher limits of coverage as also available so discuss this with your insurance agent or broker. It is especially important to purchase a large amount of UM/UIM coverage in New Mexico to cover your risk of the large uninsured or underinsured drivers.

The burden of proof against a drunk driver

In a criminal case, the prosecution has the burden of proving its case beyond a reasonable doubt. Civil cases have a different burden of proof. A claimant need only prove negligence by a preponderance of the evidence. That lesser burden of proof means that the claimant's version of the facts was more likely true than not true.

The possible case against the passenger's drunk driver

If you are a passenger in a motor vehicle, it is highly likely that the driver is a family member or friend. Most people are apprehensive about filing a claim or lawsuit against a family member or friend, but if you were a passenger who was severely injured, the insurance policy of your driver might be considered for purposes of helping to cover damages. This is even more critical if the drunk driver was uninsured or underinsured. The passenger might even have a right of recovery under his or her own auto insurance. In addition, if the driver was also impaired then you would have a liability claim as a passenger against the driver of the vehicle in which you were a passenger.

No comparative negligence

Rarely does a passenger in a motor vehicle crash suffer injuries through his or her own fault. The law recognizes this reality. That places a passenger in a favorable legal position.

Evidence

Preserve and protect the evidence and your rights. Take photos of the scene and video, if possible. If you were a passenger in a motor vehicle, and you were injured as a result of the carelessness and negligence of a drunk or even a sober driver, contact Sapien Law LLC. We are an experienced personal injury law firm. Our consultations are free consultation and we will provide a case evaluation and protect your legal rights to compensation. Please do not hesitate to contact Sapien Law LLC at (505) 842-5979 or at www.sapienlaw.com to complete a brief intake.

Premises Liability

Thu, 02 Jun 2022 16:57:12 GMT

Inadequate premises security lawsuits hinge on a business or property owner being aware of security risks that exist on their property but fail to take proper security measures to address such dangers. While no one is capable of predicting when an assault, robbery or other violent crime will occur, it is possible that a lack of security contributes to violent criminal acts. Because of this security intended to deter violent crimes should be a top priority for property owners.

While it is true that property owners are generally not held liable for the criminal activities of a third party, under certain circumstances, a victim of a violent crime may be able to seek civil redress against a property owner. Property owners have an obligation to protect customers or guests from potential threats. When property owners fail to implement security measures to discourage foreseeable criminal activity, they can be held liable through premises liability laws. If you are the victim of an assault or other crime, you may be able to seek compensation through an inadequate security lawsuit.

What is Inadequate Security?

Inadequate security, sometimes called negligent security, occurs when a business fails to provide adequate or reasonable security measures to prevent violent crimes against a tenant or customer. In most inadequate security cases, the victim suffered injuries stemming from:

· Criminal assaults

· Robberies

· Rapes

· Other violent attacks

For example, let’s say a customer uses an ATM inside of a convenience store. After receiving the money, the customer begins walking to his or her car but is robbed at gunpoint and seriously injured in the store’s poorly-lit parking lot. The store may try to claim that they are not at fault for another party’s actions.

However, the store was aware of this danger because three other similar robberies occurred in its parking lot within the last six weeks. During this time, the store did not install security monitoring equipment. Nor did the store bother to fix a lamp post in its parking lot to help deter the crime. The store’s failure to implement reasonable security measures to prevent further robberies may leave it open to being held liable for inadequate security.

Common examples of inadequate security include the following:

· Broken or lack of security cameras

· Failure to alert guests of known risks or dangers

· Inadequate lighting in dark areas

· Improperly trained security personnel or patrol

· Failure to respond to a security alert or emergency call

· Failure to repair broken physical barriers including gates, locks, fences and doors

Where Can Inadequate Security Occur?

Negligent security can occur practically anywhere that is open to the public.

Unfortunately, no matter where you go there is no guarantee of safety. When a business does not practice proper security to protect its patrons, they open themselves up to an inadequate security claim. An injured party may file a lawsuit against:

· Apartment complexes

· Property management companies

· Gas stations

· Convenience stores

· Hotels

· Parking garages

· Restaurants

· Bars

· Strip clubs

· Other types of retail properties

Inadequate premises security claims filed against apartment complexes are typically more complicated than others. If you suffered personal injuries while visiting a friend or even in your own home stemming from a violent crime from a third party, contact a qualified premises liability attorney at Sapien Law LLC to discuss your case. We can help you determine if an inadequate premises security lawsuit against a landlord or property owner is the right legal option for you.

ESTABLISHING FAULT IN AN INADEQUATE PREMISES SECURITY LAWSUIT

Inadequate premises security lawsuits are complicated and require expert investigative skills. Because of this, it is important that you consult with a qualified personal injury attorney. The attorney should have the resources to properly investigate your claim right away. There are several factors that your attorney will have to investigate in order to prove that the property owners or establishment knew of the risks that led to your injuries. Those factors are:

· The proximity of other crimes. Did other crimes occur near the location you were injured?

· Recent, frequent or recurring crimes. Have other crimes occurred on the owner’s property? If so, when, how many and how often?

· The similarity and publicity of other crimes. Have similar crimes occurred in similar establishments? Was there any publicity alerting owners of similar establishments of this danger?

If any or all of the preceding factors are present, then it may be reasonable to assume that the property owner should have taken reasonable security measures. For example, if there has been extensive news coverage on a string of crimes occurring in major retail chain parking lots with poor lighting, then it is reasonable to assume the business should have corrected its lighting to prevent any such crimes from occurring on their property.

These factors build your case against an inadequate security claim. While these may seem easy to prove, it actually involves speedy and aggressive investigating and gathering of evidence. If you suffered injuries on another person’s property, speak to a personal injury as soon as possible. The sooner you contact an attorney, the better evidence can be found and preserved. Your attorney will begin compiling:

· Police reports

· Witness interviews

· Crime statistics

· Preservation of social media posts

· News reports

· Video or photographic evidence

How to Successfully Pursue a Personal Injury Claim

Thu, 02 Jun 2022 16:54:16 GMT

Personal Injury

Automobile collisions are at times simply unavoidable. We often blame the collision on simple misfortune or bad luck, but more likely than not the collision and the ensuing injuries to driver and passengers are generally someone's fault. And when somebody else is to blame for your collision, the responsible party should pay for your hospital bills, missed work, or other resulting complications generally through insurance coverage.

The detailed information provided below discussed legal principles and situations that cover most auto and trucking collision claims and lawsuits and includes concepts of legal responsibility in personal injury cases, time limitations for filing a lawsuit, principles of financial compensation, and other legal elements related to negligence and legal damages.

Sapien Law LLC can assist you with the appropriate actions you need to take immediately after any type of collision to protect your personal injury claim and obtain a fair and reasonable settlement.

Establishing Who's At Fault

From a minor auto crash in the street to a slip and fall on a slippery floor, if somebody is injured in a mishap, another person or legal entity is often to blame. Through the years, the legal system has developed a system for establishing legal responsibility in accidents.

Negligence

A claim that seeks to show fault for an injury is called a negligence case, and it's submitted by the injured party known as the claimant against whomever is the responsible party or defendant. If a negligence case is to succeed, the claimant's personal injury attorney has to prove that the following legal elements of negligence occurred:

Duty: The responsible party or tortfeasor was responsible for performing a duty of care;

Breach of Duty : The responsible party or tortfeasor did not fulfill this duty of care;

Causation: Were it not for the responsible party or tortfeasor party's breach of duty, the claimant would never have sustained injuries and the accused party's breach resulted in the claimant's injury;

Legal Damages: The claimant has genuinely sustained injuries and experienced legal damages.

The laws that pertain to these factors are often complex, and the truth can be hard to prove. Consequently, the failure or success of negligence lawsuits rests on the particular facts, circumstances and evidence of the collision.

In a successful negligence case, the claimant is typically awarded a certain amount of compensation for losses related to the injury(s). The precise amount of compensation is mostly dependent on the legal damages sustained by the claimant, which includes hospital and medical costs; loss of income or wages; loss of household services; loss of enjoyment of life (known as hedonic damages); loss of future earnings capacity; loss of consortium and in some cases punitive damages. Much like the results of a negligence lawsuit, the compensation that the claimant may be legally entitled in dependent on the facts circumstances and evidence related to the collision and the applicable laws in the area where the suit is filed.

The Need For a Personal Injury Attorney

Sapien Law LLC is interested in assisting you with your significant injury case resulting from the negligence of another person or entity. Please do not hesitate to contact our law firm at (505) 842-5979 or visit www.sapienlaw.com to complete a brief intake and schedule a free consultation.

Motorcycle Collision and Traumatic Brain Injuries

Thu, 02 Jun 2022 16:44:35 GMT

Whenever motorcycle riders and their passengers get onto their bike for a ride, they are automatically vulnerable to the high risk of suffering head injuries in either a single or multiple vehicle motorcycle collision. It is well known that motorcycles offer very little protection as compared to passenger vehicles.

When collisions involving motorcycles do occur, they can result in the biker receiving head injuries, including brain trauma that can require extensive treatment, hospitalization and rehabilitation. Unfortunately, the brain injury may lead to paralysis, other debilitation or even death. Head injuries often leave lasting effects when the motorcyclist survives the collision.

According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are sixteen (16) times more likely than passengers in an automobile to suffer fatal injuries in a traffic collision. Motorcyclists are also four hundred percent (400%) more likely to suffer injuries in a crash. The leading cause of disability or fatality in a motorcycle crash is a head injury. This is why it is so important that motorcycle riders and their passengers wear a helmet each and every time they ride.

CONSEQUENCES OF A MOTORCYCLE CRASH HEAD INJURY

When a motorcycle crash causes the rider to strike his or her head on the pavement or other surface, the result is commonly a traumatic brain injury (TBI). TBIs range from minor injuries like concussions to more severe injuries that can be life-changing, some of which require the injured person to have long-term care.

There are three degrees of traumatic brain injury suffered by victims of motorcycle crashes. These three degrees are mild, moderate and severe. A mild TBI usually results in a concussion. A concussion may or may not result in loss of consciousness.

When a moderate traumatic brain injury occurs, the motorcycle crash victim is knocked unconscious for a period of time that can range from only minutes to several hours. Moderate traumatic brain injury is also marked by confusion, disorientation and impairments to cognition, physical abilities and behavior. These impairments can be permanent. The motorcycle crash victim may also slip into a coma that can last days, weeks or much longer.

Traumatic brain injury can change the motorcycle crash victim’s life forever. The victim may struggle with loss of basic functioning, some of which can lead to depression. Mental impairments of multiple types are possible after brain injury and there is even a higher suicide risk among victims of this kind of injury. This is why it is critical that both physical and psychological treatments are gained after a motorcycle collision with injuries.

HEAD INJURY TREATMENT AFTER A MOTORCYCLE CRASH

Post-crash treatment will depend upon injury severity. Any rider or passenger who is in a motorcycle crash should be evaluated by a doctor right away to ensure minor injuries do not worsen and that there are no major injuries that are not yet realized. When a minor head injury occurs, the doctor may simply order rest and medication. But when brain injury is severe, the injured motorcyclist may need hospitalization, surgery, rehabilitation and physical therapy.

Therapy after a motorcycle crash head injury can last for months or even years. When years of rehabilitation and therapy are needed, a crash victim may still never be able to regain their pre-crash health and could need nursing care throughout the rest of their life.

All medical treatment for a brain injury or other head trauma is expensive. This is one of the primary reason riders who suffer traumatic brain injury need professional legal assistance for gaining compensation after the collision. These are some of the most expensive injuries anyone can suffer. Care can cost tens or hundreds of thousands of dollars. Some head injury cases cost in the millions for treatment, especially when the rider is young when the injuries occur.

PREVENTION OF TRAUMATIC BRAIN INJURY IN MOTORCYCLE CRASHES

Wearing a helmet is the best means of protecting yourself against a motorcycle crash head injury . Riders who wear helmets are more likely to survive their crash and they also suffer less severe injuries than those not wearing a helmet. It is also important to ride safely. This is an important safeguard against being in a motorcycle crash, particularly one causing severe head injury. Unfortunately, even the safest riders are vulnerable to the actions of other unsafe drivers on the roadway.

If you or your loved one have been injured in a motorcycle crash and have suffered traumatic brain injury, other physical or mental health injuries or was killed in a crash of this type, you need legal representation by an experienced motorcycle crash lawyer. Our legal team at Sapien Law LLC is available to represent you and your family. Contact us at 505.842.5979 or visit www.sapienlaw.com to complete an intake form and schedule a free consultation.

Personal Injury claim fundamentals

Thu, 02 Jun 2022 16:42:18 GMT

The Fundamentals to your claim

The most important part of any personal injury claim is in the minutes and days after the collision or incident. It is vital that you gather important information, obtain photographs or video of the collision scene or area the incident occurred and maintain any documents.

The following are important areas that you should concentrate on after a collision or slip and fall incident or any other potential liability claim.

Collision Scene: If possible while on the scene of the collision, take as many photos as you can. Take photos of the autos involved in a crash or the place where you fell. If an auto or trucking crash has occurred, take photos and/or video of the scene of the crash. Include road signs, traffic lights, etc. Only gather this evidence if it is SAFE to do so. If you are not able to obtain photos or video check if there are any witnesses or your passengers who would be willing to take photos or video for you. Of course if you are seriously injured you may not be in a position to document the evidence.

Property Damage: If your vehicle has to be towed from the scene or taken to a body shop to get repaired, it is crucial to get either your insurance company or the insurance company for the responsible party involved. The insurance company will generally take photos and provide an estimate of the property damage to the vehicles involved in the collision. The insurer may also arrange for your vehicle to be repaired by a local reputable auto body shop. Your insurance company may also obtain a rental car for you if you have this coverage. If you do have to pay out of your pocket expenses, please keep track of the expenses and maintain receipts or other proof of the expense.

Past, Present and Future Pain & Suffering: It is a good idea to keep a diary or written journal to compile a narrative of your experience resulting from the incident. Your diary will document what you are going through because of the collision or incident. You will share the diary or journal with your attorney. Take detailed notes regarding your medical condition and your inability to return to work because of your injuries. For example, a headache that hasn’t gone away; pain in your knee or lower back; waking up in middle of night because of the pain you are experiencing; mental and emotional distress or anguish because you are re-living the crash; fear of driving, etc. You should also take photos or video of your injuries and any medical devices ordered by your doctor and any scaring from your injuries or resulting medical treatment.

Mental Distress: In addition to pain and suffering, you may be suffering from a psychological injury. You may have had issues in the past that are now worse or your mental health issues may be brand new and directly related to the collision or incident. Your health is most important and you should make sure you get evaluated by a mental health physician as soon as possible to discuss any issues and whether additional medical or psychological care is necessary. Timely medical care will help you get better sooner.

Medical Reports: Your medical reports are one of the most important piece of evidence in your case. If you have not gone to a doctor and have no medical reports, it is likely that you will not be able to prove the injury portion of your claim.

Therefore, if you are injured, it is your responsibility to see a doctor or medical facility. It is best to see a doctor immediately after the collision to ensure that your injuries are treated in a timely manner. The health care provide must prepare proper medical reports for your case. You will need to notify your lawyer regarding the doctors you are seeing and keep him/her informed about your future medical care. It is important that you get to know your doctor and establish a good relationship with your medical provider(s). It is crucial that you let your lawyer know each doctor that you have visited or plan to visit in the future. This is important so the medical reports and expense records can be obtained after your medical treatment is complete. Your medical records will be some of the evidence your attorney will use to document the severity of your injury(s). Your medical evidence will allow your attorney to evaluate your claim and present a demand for settlement to the insurance company involved.

Medical Bills and Health Insurance Liens: In addition to obtaining your medical records, your lawyer will also need to obtain all of your medical bills and out of pocket expenses. Your medical bills will directly affect how much your case is worth. Your lawyer will also want to make sure that your health care providers are billing the correct insurance company. If your health insurance company pays for the collision or incident related medical bills they may be entitled to a reimbursement at the end of the case so your lawyer needs to closely follow the medical expense payments. Your lawyer will likely notify your health insurance company early in the case to determine if the insurer will be presenting a claim for a contractual subrogation or right of reimbursement from any proceeds you may obtain in a liability claim settlement. It is critical that you let your lawyer know if you have personal health insurance, Medicaid or Medicare that may have paid for your medical expenses.

Lost Wages: Similar to your past medical bills, your past lost wages are directly relevant to the value of your case. It is recommended that you keep track of any lost wages. Your lawyer will need proper documentation from your employer and from your physician in order to prove your lost wages. If your injuries are significant you may also have a claim for loss of future earning capacity. This type of claim is more difficult to prove and your lawyer may need to hire an expert to prove this element of damage. For example, if you suffered a back injury and because of your injury you may not be able to get a promotion to a higher paid job or may not be able to ever return to your profession, your lawyer will include this as part of your case evaluation.

Sapien Law LLC will guide you in the right direction and is ready to assist you with your liability claim. Contact our law office today at (505) 842-5979 or visit www.sapienlaw.com to complete a brief intake and schedule a free consultation.

Post Traumatice Stress Syndrome aka PTSD

Thu, 02 Jun 2022 16:40:15 GMT

Auto Crashes may cause PTSD

According to a study published on the American Family Physician , about nine percent of all people who are involved in auto collisions which is approximately 3.5 million people in the United States every year develop Post Traumatic Stress Disorder (PTSD) as a result.

WHAT IS POST TRAUMATIC STRESS DISORDER?

Post-Traumatic Stress Disorder, or PTSD, is a common mental disorder that can develop after experiencing or witnessing a life-threatening event. It is important to note that everyone experiences PTSD differently, and that symptoms of PTSD develop after varying amounts of time for everyone. The US Department of Veteran Affairs lists four (4) common symptoms for people suffering from PTSD, which are:

· Re-living the event. It is common for people with PTSD to have flashbacks of the life-threatening event over and over again. These flashbacks can sometimes be triggered by certain actions or by being in certain areas.

· Avoiding certain actions that remind you of the event. After a crash, you may have a very difficult time talking about the crash, and will likely have difficulty driving or entering a car after the crash.

· Experiencing negative feelings or beliefs. Your behavior and mood may change after a traumatic event. You may experience a sense of helplessness, numbness, or find it difficult to be happy. You my stop participating in activities that you previously enjoyed, or feel like the world has become a more dangerous place.

· Hyperarousal. You may feel very anxious or jittery after a crash. You may find it hard to concentrate and will constantly be on the lookout for danger. This behavior may also result in unhealthy lifestyle choices such as substance abuse or antisocial behavior.

OTHER SYMPTOMS OF PTSD CAN HAVE A SEVERE IMPACT ON YOUR DAY-TO-DAY LIFE

· Sleeping problems. Not only difficulty sleeping, but also sleepwalking, night terrors, and constant fatigue.

· Anxiety, depression and chronic pain. It is common for people with PTSD to feel anxiety or be depressed about their situation or to blame themselves for a situation that was outside of their control.

· Trouble at work and maintaining relationships. People with PTSD may have a hard time communicating and focusing after a crash that impairs their ability to work and connect with other people.

TREATMENT FOR PTSD

It is important to seek medical attention for PTSD as soon as possible. Many treatments are available for people with PTSD. These include psychotherapy and certain kinds of medication. If your PTSD is left untreated, your symptoms may worsen and cause other symptoms to arise or take longer to resolve.

Two types of cognitive behavioral therapy have had success with PTSD recovery.

1) Cognitive Processing Therapy (CPT), which allows you to understand how the trauma has changed you as a person. Changing how you think about the event that led to your PTSD can help change the feeling you have as a result.

2) Prolonged Exposure (PE) in which you talk about your trauma over and over again and slowly begin to become comfortable with the topic. This may also help you control your thoughts and feelings regarding your traumatic experience.

Recovery from PTSD varies depending on the person and the severity of the case. In some cases, the symptoms of PTSD disappear completely, while some people with PTSD learn to cope even while their symptoms persist.

PTSD is a serious illness and may have a significant impact on your life. However, help is available for those who recognize that they have PTSD. If you suffer from PTSD, the first step you should take is to receive help from a medical professional. You may also be able to receive compensation for lost income and loss of income earnings capacity, psychological pain and suffering, and ongoing treatment if your PTSD arose from an auto crash or other traumatic event.

PREPARING FOR YOUR DEPOSITION

Thu, 02 Jun 2022 16:29:42 GMT

If you've been in a collision and have sustained serious injuries your case will likely proceed to litigation. Litigation will require that you provide a deposition so that your personal testimony is preserved to ensure a successful outcome. Having your deposition taken by a defense attorney can be an intimidating process, but it's important to know that your honest account of what happened is crucial for a claim and helps protect you.

Think of a deposition as something like being examined in court on a witness stand. Only, there is no courtroom, no judge and no jury present. During a deposition , you are presenting evidence through your sworn testimony by answering questions that are asked by an attorney or team of attorneys.

Whether or not your case is settled before the actual trial, your deposition testimony serves a legal purpose that can help to protect you, your economic situation and your future.

The attorneys at Sapien Law LLC will assist you with preparing for a deposition.

What Happens Before the Deposition?

To make the deposition go smoothly, your attorney will thoroughly explain what to expect and help you feel confident going in. Defense attorneys asking you questions may seem intimidating, but providing incorrect or false information may be construed as lying under oath which will ultimately negatively affect your credibility as the case proceeds toward a trial. Therefore, it's best practice to be prepared for any potential questions you may be asked.

There will be times when you simply do not remember the answer to the question being asked. If this is the case, you may respond with, “I do not recall.” Discussing the deposition with your attorney can help prepare you and your responses for these types of questions. You may also need to review documents that may be introduced at your deposition.

What Happens During a Deposition?

Depositions can be long, grueling and stressful. Attorneys from both sides of a claim will meet with a witness to get a first-hand account of what happened during the collision or incident, as well as the state of the witness before and after the incident. Your deposition will require you to know certain details, such as medical history and the facts of the collision. Your testimony will require honest answers, since each witness swears under oath to tell the truth. All answers are recorded by a court stenographer and deposition proceedings may also be videotaped.

Both your legal team and the opposing defense counsel will be present during the deposition. It is always recommended that you have retained counsel if your case is in litigation. You should always have your lawyer with you when you are a witness in a deposition.

Depositions may last several hours. In New Mexico your deposition may last for seven (7) at most. The best way to get ready for your deposition is by being prepared for typical questions that may be asked, to answer in calm and measured responses and to answer honestly and to the best of your ability.

Avoid fatigue and the probability of saying something inaccurate during the deposition by getting adequate rest the night before the deposition. You will also have the option to take breaks for water or to walk around during the deposition as you need them. You will be able to consult with your attorney during the break times.

What Happens After the Deposition?

It may take several weeks after the deposition for the transcription process to be completed. After which time, your attorney will receive a full copy of the deposition. In New Mexico you have the option to “read and sign” your deposition to ensure that the testimony was accurately recorded by the court reporter. If you notice any mistakes regarding your testimony or believe you have been misquoted, you should contact your attorney right away. The same holds true should you remember/realize you misstated something. You will have the right to correct the transcript, however, any corrections in your testimony may be subject to cross examination by defense counsel at a trial.

Your deposition, as well as any other documents that are relevant to your case, may be used to settle your case and will also be used in court if your case goes to trial.

Deposition Tips

Follow these tips to ensure your deposition is as positive of an experience as possible

Dress appropriately and professionally;
Speak clearly to ensure a correct oral record;
Always tell the truth;
Make sure you understand the question;
Ask for clarification if you do not understand the question. Do not answer a question that confuses you. Ask for further clarification so you are completely confident in your answer;
Take all the time you need to think before you answer;
Tell only what you are asked;
Be consistent with your answers. The best way to be consistent is to be honest. Be aware that you may be asked several variations of the same question multiple times. If you give inconsistent answers, that inconsistency could impact your credibility;
If you do not know the answer, say so. If you do not recall something or do not know the answer to something, state so plainly. Your deposition is not a test. Never guess or speculate. If you are ever uneasy or unsure about something throughout all parts of the deposition process, speak with your attorney. Your attorney's responsibilities to you are to guide you through all parts of the litigation process and act as your advocate during any deposition;
Prepare carefully; In preparation for your deposition, your attorney will discuss areas of concern and suggest ways to handle the questions in that area. Second, you should concentrate and exercise care throughout the deposition. A deposition is frequently much more fatiguing than first-time participants anticipate. If you sense that you are losing your concentration or fatiguing, if you have to go to the bathroom or are thirsty or are confused or uncomfortable, or for any number of reasons you can request a brief break to attend to your comfort and to regain your concentration;
Control what you can: While much of what will happen to you in a deposition is beyond your control, you can control the most important parts of your behavior. First, your attitude going into the deposition is most important. You should be relaxed and confident.

· Be Patient, Be Polite and Control Your Emotions;

Always Read the Document Carefully before you answer any questions;
Complete your answer and make sure to correct it if you need to;
The Only Fear You Have Is Fear Itself: You need to remember that the deposition process will be unfamiliar territory. You are not a professional witness and this may be your first deposition. Nonetheless, if you have prepared yourself carefully, if you keep these rules in mind and keep your head throughout the deposition and always remember the cardinal rules, to listen to the question carefully, think it through clearly and answer briefly and truly, you will do just fine.

Remember that you have the upper hand in the deposition because no one knows the case better than you. The defense attorney asking the question only knows the questions. The defense attorney may think they know the answers, but you are the only one that truly knows the answer. As long as you can control your emotions and follow these simple guidelines, you will do fine at your deposition. If you tell the truth and stand up for what you believe in, you will be the master of your fate in this difficult situation.

REQUEST BY INSURANCE COMPANY TO SIGN A RELEASE

Thu, 02 Jun 2022 16:25:43 GMT

If you are injured by the negligence of another party and make a claim for medical expense, loss of past and future income or pain and suffering you will likely be asked to sign a records release. The insurance company will usually ask for a release for medical records and employment records. It is very important that you read and understand the language and terms of the Release.

The insurance companies will use the information to investigate your claimed damages but will typically NOT agree to keep your medical or wage information private. Don’t sign any release without reading it carefully or consulting an attorney. Most of these releases do not protect the confidentiality of your personal information. Most of these releases allow the company unlimited information.

Your medical records are protected under federal law by the Health Insurance Portability and Accountability Act of 1996 also known as HIPAA. A Third Party, like an insurance company, needs your permission to obtain these confidential records. While the company may be entitled to certain relevant information, most of these releases are very broad and not limited to just your information about the injuries claimed from one accident. The same is true for your employment information.

In New Mexico, the insurance company representatives are not legally entitled to talk to your doctor or health care provider about your medical issues or your claim unless you agree in writing. Talking to your doctor without you or your lawyer present is NOT allowed unless you agree to let them do so.

Here is an example of language that appeared in the releases from one of the large auto insurance companies:

“This authorization also permits my medical providers to discuss in person, by telephone, electronically, or by mail, medical options, conclusions, treatment plans and other information”

As you can see this release lets the insurance company claims investigator talk to your doctors, not just get medical records. Once they get information this release lets them share it with anyone for any purpose.

Here is another example from the same insurance company release:

“This information may also be released to other insurance companies for their use in connection with insurance transactions or as required or permitted by law. Information obtained pursuant to this authorization may later be re-disclosed and may not be protected under the HIPAA privacy rule.”

While you need to cooperate with the insurance company as part of the claims process, you certainly do not want this information released to other insurance companies or employers for any other purpose.

Our clients only sign a release specific to the medical entity where treatment was obtained that is HIPAA compliant and that is limited to just the information the law requires. Our law firm also uses employment releases, etc. and our releases limit the time and scope of the release and provide that the information can only be used for the claim you are making and must be kept private.

The Personal Injury Claim Process

Thu, 02 Jun 2022 16:22:36 GMT

If you are injured in a collision and decide to file a personal injury claim, a rather arduous process is set into motion. This process can be complicated, long, and confusing. However, understanding the basics of the claims process will alleviate some of the stress and worry.

A basic understanding of the claim process fundamentals will provide information on exactly what you are getting into when you pursue a claim. Once you understand these concepts, you will know what to expect next and generally how things will go.

HIRING AN EXPERIENCED AND QUALIFIED PERSONAL INJURY ATTORNEY

One of the primary steps you should take after deciding to pursue a personal injury claim is hiring an experience and qualified personal injury lawyer. Injury victims who go this route generally receive more favorable settlements , experience less stress, and gain an advantage over the insurance companies.

Hiring an attorney is a much simpler process thanks to new technologies that allow us to know exactly whom we are hiring, their qualifications, and how their past clients feel about the services provided by the attorneys and the law firm. You should begin this search by looking for a personal injury attorney in your area who has expertise in your specific type of case or injury.

STATUTE OF LIMITATIONS

All states place a statute of limitations on civil cases. This basically means that after a certain period of time, a case can no longer be brought in front of a court. New Mexico has different limitations depending on the type of personal injury case. For a personal injury case, the limitation is three (3) years from the date of the collision or incident. A claim against a government agency, like a city or county, is limited to two (2) years and requires that you submit a notice of the tort claim within ninety (90) days of the collision or incident. Any case involving a wrongful death is limited to filing a lawsuit within three (3) years of the date of death. A Wrongful Death legal action will require a court approved Personal Representative on behalf of the Estate of the deceased party.

DEFINITION OF A PERSONAL INJURY

The legal definition for a claim is “a demand for money, property, or the enforcement of a right provided by law.” When you are involved in a collision or incident, you file a personal injury claim because you believe that you have a right to monetary compensation because of the liability, fault or responsibility of another person or party. In a personal injury claim, the Plaintiff also known as the injured party seeks financial compensation from the Defendant who is the party who may be liable.

It is generally beneficial to the client to attempt to settle a claim outside of court to avoid the filing fees, costs and emotional stress with having to deal with litigation. If both parties cannot agree on liability or a fair amount of compensation, the case is then presented to a court to decide through a lawsuit. The process of using the court system is referred to as litigation.

The claim process officially begins when the Plaintiff sends a demand letter to the defendant or their insurance company. This letter demands a certain amount of money as compensation for the Plaintiff’s legal damages.

THE DEMAND LETTER

A demand letter lays out the significant issues arising from the claim in an effort either to resolve the case immediately or to present to the other side the arguments and potential legal damages against them.

Demand letters may include:

· The defendant’s claimed liability based on the facts, evidence and circumstances;

· Detailed description of the bodily injuries the plaintiff suffered and may continue to suffer in the future;

· Past, present and future medical treatments costs related to those injuries;

· Lost income from time off work or loss of future earnings capacity because of the injuries;

· Any other non-economic damages, like pain and suffering, loss of enjoyment of life, loss of consortium and loss of household services.

The insurance company will then evaluate the claim and decide whether or not they are willing to meet the demand. Most likely, the insurer will reply with a counteroffer. They may also make a determination that they will not pay any of the claim legal damages. This is called a denied claim and they generally happen for the following reasons:

· The insurance company does not believe their insured is at fault or liable, either because the collision wasn’t their insured’s fault or because the insurance policy doesn’t cover the incident;

· Lack of evidence to support the claims made in the demand;

· Other reasons to believe that the injuries reported were not caused by the incident and instead occurred either before or after the collision.

If the insurance company won’t pay what the injured party thinks is fair and reasonable then the injured party and their attorney may move on to the next step in the process: Filing a Complaint for Personal Injury and Damages.

FILING A COMPLAINT

Filing a Complaint is formal process in which the Plaintiff files a lawsuit through the court system in order to recoup their legal damages. This pleading will be served to the responsible Defendant(s) in order to place them on notice that they are now involved in the legal matter. These documents often list the parties involved, the Plaintiff’s legal claim to compensation, the facts and evidence to support the claim, and the amount of compensation being sought.

THE DISCOVERY PROCESS

Discovery is the formal legal process of collecting and sharing evidence and information of the case. During this phase, the Defendant(s) and the Plaintiff’s attorneys will seek as much information as possible to support or defend the claim. This is often done through interviewing witnesses, requesting medical records and bills, obtaining wage documents, taking deposition of lay and expert witnesses and investigating the incident to prepare for a jury trial.

The parties involved in the incident are also asked to give their official version of events at this time. This is known as a deposition , which is a recorded statement under oath obtained by an attorney for the party with the defense attorney also present at the deposition.

NEGOTIATING A SETTLEMENT

Successfully negotiating a claim settlement will require a compromise between the opposing parties. Most often in the personal injury claim process, this is in the form of the Defendant and their insurance company agreeing to pay some amount of compensation to the injured party(s). This commonly occurs before the case reaches a formal trial. In fact, more than ninety-five percent (95%) of all personal injury claims are settled before they reach a courtroom. This may be accomplished through negotiations over the phone, in writing, during a formal mediation, or through arbitration. Once both sides reach an agreement, the agreement is reflected in writing and the case is resolved. Generally, the injured party will be required to sign a Release or Settlement Agreement with a formal dismissal of the court case as part of the overall settlement of the claim.

TRIAL

For the other five percent (5%) of cases in which a settlement is not reached, the case proceeds to trial. During a trial, the jury will hear from both sides before making a decision about liability and the amount of compensation that may be awarded. Often, trials are avoided by both sides because of the uncertainty of the outcome and the time and resources required to go to trial. It is often easier for both sides to evaluate the case from the others perspective and reach a compromise.

Sapien Law LLC is the experienced and qualified personal injury law firm that you should call and make an appointment for a free case consultation . During the consultation, you and the attorney will discuss your collision, injuries, and possible legal options. Our attorneys will handle your case from start to finish and there is never a fee unless we settle your case. Please call our law firm at (505) 842-5979 or visit www.sapienlaw.com to complete a brief intake form.

The Value to a Last Will and Testament

Thu, 02 Jun 2022 16:17:12 GMT

IS THERE A VALUE TO CREATING A LAST WILL & TESTAMENT?

In general, a Last Will & Testament (“Will”) is designed to provide for orderly distribution of assets to heirs. Many people in their final years of life have already distributed or gifted assets to family, friends, universities or other community foundations. In many cases, the only remaining asset of any value is your personal residence (“home”). If your home is the only remaining significant asset of any value, the the need for a formal may not be as important.

In New Mexico there exists a legal mechanism called a Transfer on Death Deed (TODD) that will transfer title of your home to another person prior to your passing away. The legal title will not be effective until the date of your passing. Sapien Law LLC can assist you with evaluating your estate and discussing the various legal options you have in New Mexico.

If there are indeed assets of value that are to be divided among the heirs, and there are definite wishes about who should get what, a Will should be considered. This is especially true where there are multiple marriages and children of those marriages. Experience over the years has given us numerous examples of the property going to the wrong people because no will was ever made. There are also many examples of individuals who want to pass on the ownership of the business or other property who leave handwritten instructions that were poorly drafted and not well thought out. Without the assistance of an attorney, some of these holographic wills have ended in complete disaster. The final outcome for the persons creating these documents has been exactly the opposite of what they wanted.

Generally, a Will specifies the disposition of specific assets and are incorporated into the legal document. However, often the disposition of items with insignificant economic value but immense sentimental or historical value, are just as important if not more important to most of us. These are such things as personal histories, achievement awards, genealogies, favorite ceramics, handicrafts, heirlooms, jewelry, special furniture, pictures, collections, etc. Perhaps of more importance to you is creating a list of the person(s) you wish to gift some of your personal treasures and other personal belongings that may hold sentimental value to you. This can be accomplished as part of your Will. Any improper distribution of these special items by the designated Personal Representative (“PR”) can sometimes cause bad feelings or infighting between family members. An updated Personal Property distribution list can alleviate these family issues and will assist the PR with the distribution of your estate upon your passing.

We recommend that you provide your PR and trusted family members a copy of your Will and instructions to petition the probate court if other members of the family refuse to respect the intent of the distribution. To avoid claims that the Will is not legally valid, our law firm will always require at least two witnesses to sign a verification clause that your Will was properly executed and that it contains your intensions and wishes upon your passing. A notary public provided by our law firm will also ensure that all legal documents are notarized and include the signature of you and the witnesses who were present when you signed your Will.

You are encouraged to contact Sapien Law LLC to schedule a free one-hour consultation to discuss your Estate Planning legal needs. You may contact our law firm at (505) 842-5979.

TRACTOR TRAILER COLLISIONS

Thu, 02 Jun 2022 16:15:32 GMT

TRACTOR TRAILER COLLISIONS

The thought of being struck by a tractor trailer also known as an 18-wheeler can send shivers down the spine of anyone. Given the size and weight of these large commercial vehicles, the injuries resulting from a collision involving big rigs or 18-wheelers are often severe and life-impacting. If you suffered physical and mental injuries because of a crash caused by a commercial truck driver, you have the legal right to hold the tractor trailer driver and their employer responsible for their acts, errors or omissions.

In order to be successful in doing so, the best advice is to seek legal guidance from an experienced tractor trailer personal injury attorney whose goal is for you and your family to receive the maximum amount of compensation in which you are entitled under the laws of New Mexico.

The initial attorney consultation will provide you with the opportunity to get to know your attorney and thoroughly discuss your claim(s) which will provide you a chance to explore your legal options. During your initial consultation, you will be asked many questions about yourself, the trucking company, your vehicle, how the crash occurred, and details about your injuries and any injuries to your passengers. These questions are designed to ensure that you are provided the most competent legal representation for your claims.

It is critically important to act quickly after a collision with a tractor trailer. Your firsthand knowledge and impressions of the crash can be priceless. The information provided below is designed to help make the most of your initial tractor trailer collision attorney consultation and to ensure your attorneys receive all the necessary facts and information to assist with the legal evaluation of your claims. Rest assured that with an experienced litigator on your side, no legal issue will be left unchecked.

DETAILS ABOUT THE TRUCKING COMPANY AND THE COMMERCIAL DRIVER

Be prepared to provide your attorney with any information and details about the trucking company and the commercial truck driver. You should obtain the name of the trucking company and truck driver involved, the type of load being hauled, the license plate number, and the contact information for the trucking company and their insurance company, along with any other information you have obtained about the trucking company or the truck driver.

SPECIFIC DETAILS ABOUT THE TRUCKING COLLISION

Give your attorney a detailed account of the crash. Advise your attorneys as to when and how the crash occurred, along with everyone who was involved. You will also want to state what the weather was like and what the traffic conditions were at the time of the crash. If you’re able to, request a copy of the police report and gather contact information for any possible witnesses.

Also, try to remember if you recall seeing any traffic cameras. No details are too small to mention.

MEDICAL RECORDS AFTER THE COLLISION

Have your medical records available that should contain medical bills, x-rays, and other scans. Any information concerning your injuries will prove vital in evaluating your claim. Tell your attorney what your diagnosis was and what the predicted outcome is including future treatments and medical devices that are now needed. Express any difficulties you are having in your everyday life activities after you sustained injuries in the trucking collision. Such difficulties may include running and playing with your children. Don’t forget to inform your attorney if additional treatments, tests, or surgeries are needed and if you are improving or getting worse.

YOUR VEHICLE AFTER THE CRASH

Provide your attorney with the year, make, and model of your vehicle. If available, provide an estimate to repair the damages and an estimated replacement cost. If possible, bring photographs of your damaged vehicle.

YOUR PERSONAL FINANCIAL DETAILS

Offer personal financial details such as your employment status and wages. Describe how your injuries affected your job, how many hours you have taken off work, and your paystubs to calculate lost wages. This information can help determine additional compensation you may be eligible to collect. You will also need to provide your insurance information and details regarding any traffic violations on your driving history.

Not only do trucking collisions cause catastrophic injuries and wrongful death , but insurance companies also make it their mission to ensure compensation is very difficult to obtain. Bringing this information to the initial meeting with a truck accident attorney will speed up the legal process. Trucking companies and their insurance defense attorneys will spring into action immediately following a crash, which is why time is of the essence. Remember that the person in the best position to get your attorney information is you.

If you or a loved one was seriously injured or killed by the recklessness of a truck driver or trucking company, don’t wait another moment to have aggressive representation on your side. This is not a situation you will want to handle on your own because it can prove to be long, complicated and frustrating. Please contact Sapien Law LLC whose attorneys have extensive experience dealing with trucking collisions and fighting for maximum compensation on behalf of our clients.

Workers Compensation

Thu, 02 Jun 2022 16:10:17 GMT

Worker Compensation Cases

If you are injured on the job your Employers worker’s compensation insurance company should provide payment for reasonable and necessary medical care and your loss of wages because of your inability to return to work due to your injuries. Remember that the law require you to provide notice to your Employer within fifteen (15) days of the accident. NMSA 1978 §52-1-29. If the Worker’s Compensation Insurance Company has denied medical benefits or loss of wages, we urge you to contact our law firm for a free consultation. We will assist you with the entire legal process and help to restore you to a position where you can hopefully return to work. If you are disabled and cannot return to work, we will assist you in obtaining the maximum benefits you are entitled to by law. If you get injured on the job because of the negligence of another person then you may have a separate civil personal injury claim against the responsible party who caused your injuries. Please contact our law firm at 505-842-5979 and schedule a free consultation to discuss your legal options. You may also complete a brief intake form on our website www.sapienlaw.com and our legal team will contact you to discuss your legal matter. Your legal team at Sapien Law will work diligently to help you obtain the benefits and compensation you are entitled to under the law.

Professional History

At Sapien Law, we provide aggressive, effective, and experienced advocacy. We are dedicated to giving personalized attention to each case that we accept. We have a combined 30 years of experience practicing law in New Mexico. We will provide you a legal voice for your case. We are brothers, this is our home and we know the law.

We are a bilingual law firm that handles cases involving both civil and criminal litigation. We maintain strong New Mexico relationships and sincere compassion for the people whom we serve. Our clients receive personal attention in every case.

We fight for the rights of injured workers and those that are seriously injured or killed due to the intentional acts or negligence of others. We have dedicated our careers to ensuring that people and companies that commit wrongful conduct are held accountable for their actions. We seek compensation for our clients for their physical and emotional injuries, property damage, or damage to their economic interests.

We zealously represent defendants in various types of criminal matters, including DWI, domestic violence, drug offenses and violent crimes. It does not matter whether you are charged with a petty misdemeanor and a felony we can provide the criminal defense and protect your rights and liberties.

We appreciate the opportunity to be able to assist you with your legal matters, while also providing counseling in matters related to moral, ethical and social issues. The daily contact that we have with our clients, colleagues and judges is personally and sincerely gratifying.

At Sapien Law, we pride ourselves in providing the highest quality legal work and competent representation for our clients. We put family first and we get results. Let us be your family lawyer. Call our office at 505-842-5979 to schedule a free consultation today.

Personal Injury:

We focus on personal injury and wrongful death cases including auto collisions; semi-truck wrecks; motorcycle and bicycle accidents; industrial accidents such gas and pipeline explosion; carbon monoxide injuries; slip/trip and fall claims; premises and property cases; insurance claim settlements including uninsured/underinsured motorist coverage; insurance bad faith claims; traumatic brain and spinal cord injury cases; burn victims; and pedestrian cases.

We represents people and we understand that every case is unique and not the same. We offer free consultations to evaluate your case. Our injury attorneys will lead you through the process and you will never be charged an attorney fee until your case is settled and you get paid. Call our office at 5015-842-5979 to schedule a free consultation today.

Sample blog re Personal Injury

Thu, 02 Jun 2022 16:09:26 GMT

Personal Injury

The job of a personal injury attorney is to see that you get the fair compensation that you deserve for accidents that are no fault of your own. This field encompasses a broad range of matters, including car accidents, medical malpractice, insurance disputes, faulty products, fires and explosions, and much more.

The truth is, be it a dog bite or intentional tort, you do have a right to compensation. Unfortunately, this right is abused. We know of a case of a person claiming personal injury for having to endure kids playing basketball in their neighbor's yard. We do believe the courts are overwhelmed with claims like these, but the system's determination to be balanced and equal allows everyone to have a voice.

As an accident lawyer, we prefer that individuals not waste their time on frivolous matters. Our job is to ensure you receive deserved consideration when you are injured through someone else's action. In the event of an incident where one believes legal recourse is their best option, we offer free consultation in which we will review their matter and help them determine if they have a case or even need an accident attorney.

A reputable attorney will provide advice that benefits you, not them. For instance, you many not need a personal injury attorney under the following circumstances.

If you reside in a no-fault state, you may not be allowed to take anyone to court unless injuries meet a specific nature and cost for treating them.
Insurance companies are obligated only to pay policy limits. Suing for more than the maximum could be a waste of time, especially if the defendant doesn't have the assets to cover your dollar amount.
Your injuries may not constitute a lawsuit. Suing another person is an expensive endeavor and going after a third party because you bruised your knee in a slip and fall may not be worthwhile. Of course, minor injuries have been known to turn into major ones. But as long as you have not accepted a settlement or the statue of limitations hasn't expired, you may still be able to file a claim. The best way to know is to have a conversation with an accident lawyer before negotiating any settlement.

After a legal consultation, you will be in a better position to determine what your legal move should be. But if you have been injured through third-party action, having representation ensures you will fight for the full spectrum of damages you should be compensated for. Most importantly, when you are facing insurance companies and their clients, these parties will take your claim seriously if an accident attorney is speaking on your behalf.

If you are concerned about the expense of hiring a lawyer, many work on contingency fee arrangements. This means the legal team does not get paid unless the matter is resolved in your favor. That agreement puts financial concerns on the back burner while the lawsuit plays out.

What to do After a Slip and Fall Occurs

Thu, 02 Jun 2022 16:02:43 GMT

Premises Liability and Slip and Fall Injuries

Slip and fall incidents are one of the leading causes of injury nationwide. According to the National Floor Safety Institute , slip and falls are responsible for the most visits to the emergency room nationwide. It is statistically likely that you will experience a slip and fall at least once in your life.

Consequently, what should you do if you are injured in a slip and fall?

The following steps should be taken immediately after a slip and fall;

Seek Medical Attention.
Your health should always be a top concern after any slip and fall injury. In addition to recovering from injuries timely, seeking medical attention as soon as possible will help to prove that your injuries were as serious as you claim. Some injuries are not immediately apparent and can take weeks to discover so it is important to get checked at a hospital to allow you to discover these injuries sooner than later. It is recommended that you avoid making any comments to the medical provider that could be documented in your medical records as an omission of fault or responsibility for the incident. Make sure to keep track of all medical documents and expenses, as these will later provide the required evidence for your claim.
File some type of report immediately.
Try to file an accident report with the police if possible. If you cannot file a report with the police, file a report with the landlord or store owner or other legal entity before you leave, unless of course you require emergency medical attention. Your report should have eyewitness accounts including their contact information as well as your own personal account as to what happened. Never sign any form that the landlord, manager, or store owner gives you as these documents may waive or release from your right to pursue legal action. Always obtain a copy of the incident report or take a photo of the document for your records.
Photos of the area where the slip and fall occurred
The more documentation you have of the scene where the fall occurred the better so make sure to include photos and video. It is especially important to take photos or video as soon as you can while the scene is still fresh and immediately after the fall. It is likely that the mess will cleaned, repairs made, and people’s memories fade, which can make gathering evidence later on very difficult. Take photos or video of the exact place where you fell including the things that may have caused you to fall, and the surrounding area. If you do not own a mobile phone ask someone at the scene to take photos and to send them to you.
Contact an experienced premises liability attorney.
Premises liability lawyers are trained to handle slip and fall cases and have the legal knowledge and expertise to ensure that you obtain the legal compensation you are entitled to under the applicable law. A premises liability lawyer can prove that the condition that the owner or responsible party knew or should have known about the dangerous condition that led to your injury. It is possible that an owner may be liable for your legal damages because of lack of warning, or lack of action to fix the condition after being on notice of the dangerous condition.

Sapien Law LLC is ready to assist you with your slip and fall injury case. Our consultations are free and will help us evaluate the merits of your case. Contact our law firm at (505) 842-5979 or at www.sapienlaw.com and complete a brief intake and schedule a consultation to explore your legal options.

Website content for Q & A re WC claim and PI claim

Thu, 02 Jun 2022 16:01:02 GMT

If you have been injured in an auto accident while on-the-job, you may be eligible for New Mexico Workers’ Compensation benefits as well as being able to recover compensation from the at-fault driver or other at-fault party. This means that you can start receiving medical and lost time or indemnity benefits very quickly, without giving up the right to full compensation in the third party liability claim. Your legal situation is more complicated than a regular auto accident, and you need the help of an experienced personal injury attorney to protect all of your legal rights and make sure you receive every penny you are entitled to.

Workers’ Compensation Benefits:

If you are eligible for Workers’ Compensation, you should file a claim immediately with your Employer and their worker’s compensation insurance company. Most employees are covered by Workers’ Compensation insurance. In New Mexico, you do not need to prove fault to receive your Workers’ Compensation benefits, but you will need to prove that your accident occurred in the course and scope of your employment.

Some common examples of the type of travel covered by Workers’ Compensation include:

Running errands for your employer
Making deliveries, even if that is not your primary role as an employee
Attending meetings
Attending social events that are required by your employer
Out-of-town business travel

Your commute to and from work is usually not covered, but there are exceptions. If you were running an errand for your employer on your way to or from work, you may be covered. If you were on-call and got into an accident after being called in, you may be covered. There are other special circumstances that may apply to your situation. Our law firm can determine if Workers’ Compensation applies in your unique situation.

Auto Collision Lawsuit:

Workers’ Compensation benefits are generally limited to medical benefits and lost time or indemnity benefits. Your basic medical care is covered and you can receive partial replacement for your lost income. If someone else was to blame for your accident, you can receive full compensation, including pain and suffering, through a personal injury lawsuit. This is typically against the at-fault driver’s insurance company, but could also be against an automaker responsible for a defective vehicle accident or a claim against a government entity responsible for failure to provide roadway maintenance.

If you pursue a personal injury claim, you still receive your Workers’ Compensation benefits in the meantime. If you receive compensation through a personal injury settlement or verdict, the Workers’ Compensation insurance company will have a statutory Right of Reimbursement claim and will be entitled to a portion of what it paid in medical and indemnity benefits from the monetary compensation if you settle your case or obtain a favorable verdict. Our law farm personal injury attorneys may negotiate with the Workers’ Compensation insurance to minimize their Right of Reimbursement claim.

If you have been injured in car collision on the job, you can learn more about your rights and how you can recover damages for your losses by contacting Sapien Law LLC.

Do I Have to Pay Taxes on a Personal Injury Settlement

Thu, 05 May 2022 18:32:04 GMT

Do I Have to Pay Taxes on a Personal Injury Settlement?

In general, you do not have to bear the burden of paying taxes on your personal injury settlement. We will add specific language that will protect your settlement from any issues with the Internal Revenue Service.

AUTOMOBILE REPAIR EXPENSES

Settlement money received to repair or replace your automobile is not taxable. You can use funds from an auto collision settlement to repair your vehicle, buy a new one, or deposit it in your savings account. The money is not subject to taxation because it is meant to replace the lost value of an asset and not to make profit. In addition, any settlement funds meant to replace or fix property that was damaged during the collision are not taxable.

MEDICAL EXPENSES

Compensation provided for medical expenses and injuries are identified as compensatory and general damages. These legal damages are not subject to taxation. In addition, settlement funds will not be taxed if they are related to future medical expenses or a particular medical bill. Any portion of the settlement that pays for past, present and future pain and suffering is excluded from taxation because the pain and suffering resulted from the injuries sustained in the auto collision.

MENTAL ANGUISH AND EMOTIONAL DISTRESS

While settlement for pain and suffering caused by a collision is not taxable, settlement payments for mental anguish and emotional distress may be taxable. The IRS considers settlements for mental anguish and emotional distress as potentially taxable because these legal damages are not associated with physical injuries. Any settlement funds received because of anxiety, emotional distress, and post-traumatic stress may be taxable. However, if you use part of your settlement to pay a mental health provider to help you deal with mental anguish and emotional distress as a result of the collision, compensation related to the treatment cost is not taxable.

SETTLING A PERSONAL INJURY CASE

Settling a personal injury case generally involves signing a Settlement Agreement and Release of Liability against the other party in exchange for the settlement funds. Our trial lawyer can represent you in settlement negotiations before, during, and even after trial. In most settlements, the parties will have to compromise to reach an agreement. Both parties often work towards negotiating a settlement to eliminate the uncertainty of a jury decision and to reduce the litigation expenses associated with these cases.

PERSONAL INJURY SETTLEMENTS

Personal injuries like sprained ankles and knees can be caused by slip-and-falls, auto collisions and medical malpractice. Settling your case for the amount initially demanded by your personal injury lawyer may not be possible. However, your trial attorney may provide you with several options for your settlement.

EVALUATING A POSSIBLE SETTLEMENT TO YOUR CLAIM

Personal injury cases are evaluated based on the legal damages that include past, present and future medical expenses; past, present and future pain and suffering; hedonic damages that include loss of enjoyment of life; loss of past wages and future earnings capacity; mental and emotional distress and other legal damages depending on the facts of your case. The evaluation of your case will be based on the facts, evidence and circumstances. We evaluate the potential value of your case based on the merits. No two cases are similar and it is difficult to compare your case with another case that may have reached a settlement that is lower or higher than the settlement value of your case. Of course, if the case proceeds to a jury trial, the value of the case will be in the hands of the twelve person jury.

Importance of medical treatment after auto collision

Thu, 05 May 2022 16:12:42 GMT

THE IMPORTANCE OF MEDICAL TREATMENT AFTER A COLLISION

If you’ve been involved in an auto collision that required medical treatment, it’s absolutely imperative to follow your doctor’s orders. Not only is it important to seek immediate medical attention after a serious collision, but it’s also crucial to follow the orders of all your treating physicians, physical therapists, and any other medical provider involved with your medical care and treatment plan.

When you bring legal action against another driver as a result of an auto collision with serious injuries, the insurance company for the other driver will need proof that you were actually injured. Your medical records is your best evidence that you sought medical treatment and that you have followed a treatment plan ordered by a physician. You must follow your doctor’s orders regarding the medical treatment plan for your injuries. Whether you have several broken bones, soft tissue injuries or a traumatic brain injury, it is critical that you follow the physician ordered treatment plan as one of the best ways to support your personal injury claim.

Keep in mind that the mission of any insurance company is to pay out as little money as possible. Insurance companies will try to assert that your injuries are not legitimate or that you have pre-existing medical issues to the same body parts injured in the collision. When you have medical records and medical provider testimony to support your serious personal injury claims, your case will be well prepared for your trial attorney and legal team. If you stop or even suspend medical treatment after your collision the defense attorney on behalf of the insurance company will attack your credibility and claim your injuries are not as significant as you allege.

Sapien Law recommends the following action after a serious auto collision with injuries:

Seek medical treatment immediately.
Attend all scheduled medical appointments. Your overall health and medical care is your responsibility and not the insurer for the other driver who collided with you.
If you can’t make an appointment, call the medical provider in advance to cancel the appointment as “no shows” may be used against you to allege that you are not injured or suffering from pain and discomfort.
Avoid any gaps in your medical treatment. If you’re supposed to see a physical therapist three times a week, don’t miss an appointment. The more consistent your medical care is, the more likely your credibility cannot be attacked by the defendant’s insurance company and/or legal team.
If you must miss appointments, document the reason for missing the medical appointment and call the medical provider to explain the reason.
Maintain a copy of all your medical records and medical expenses. Your medical provider will likely have a medical portal where you can access your records online using a secure website.
Follow all doctor’s orders including any physical restrictions and always avoid activities your doctor tells you to avoid.
Don’t post any information on social media about your collision or your medical treatment.
Do not post anything on social media about your day-to-day activities while you’re being treated for your injuries after the collision. What may seem like a benign post about your spending the day at an amusement park may be used against you. Insurance adjusters are trained to investigate social media to attack your credibility when you are seeking compensation for your legal damages.

If you’ve recently been in an auto collision and you have suffered severe injuries, contact Sapien Law LLC at 505.842.5979 to schedule a free consultation and explore your legal options.

Welcome to our new website!

Tue, 07 Dec 2021 21:19:05 GMT

Welcome to our new website! This site has been professionally designed to be responsive and mobile friendly, so it looks great and is accessible no matter what type or size of device you are using.

Our new website also has an integrated Client Portal, meaning you are able to access your case documents, correspondence, and calendars directly from our website!

If you have any questions, don’t hesitate to contact us today.

Wrongful Death Claims

Sun, 02 Jun 2002 16:17:44 GMT

It is an unfortunate tragedy when bad decisions or poorly manufactured products cost someone their life. But what legal actions can be taken after someone dies as the result of someone else’s willful or negligent acts, errors or omissions? Wrongful death is defined as an unintended fatality caused by someone else’s negligence or recklessness.

In New Mexico, family members including the spouse, children and parents of the deceased victim may pursue a wrongful death claim as long as it is within three (3) years from the death of their loved one. The Estate of the deceased will need to have a Personal Representative appointed to act as the Plaintiff on behalf of the Estate if the case proceeds to litigation. Depending on the circumstances of each case, the decedent’s family may be entitled to receive compensation for losses they have faced as a result of their loved one’s unexpected death.

In wrongful death cases, plaintiffs must prove that the defendant(s) are liable to the survivors as a result of negligence or intentional conduct. The information provided below will cover different types of wrongful death cases to provide a better understanding of what wrongful death is.

AUTOMOBILE CRASH CAUSING WRONGFUL DEATH

The Insurance Institute for Highway Safety Highway Loss Data Institute maintains a database of all fatal motor vehicle crashes.

Common causes of wrongful death car crashes include:

• The negligent driver was driving distracted using their cellular or mobile phone while driving;

• The negligent driver was intoxicated by alcohol, prescription drugs or illegal substances;

• A highway or roadway was negligently maintained;

• The failure of local authorities or third-party vendors to provide adequate road hazard warning signs especially in a construction zone.

TRACTOR-TRAILER COLLISION RESULTING IN WRONGFUL DEATH

These life-changing traumatic collisions occur far too often. According to The Institute for Highway Safety, large commercial trucks which include 18 wheelers or tractor-trailer vehicles have a higher fatality rate per mile than any other type of vehicle. The size difference alone between a tractor-trailer and the average automobile makes any collision potentially fatal.

All commercial tractor trailer drivers have the legal responsibility to operate their commercial vehicles safely, but negligence involved in large tractor-trailer crashes is commonly caused by driver fatigue, exceeding the legal number of hours of service requirements, driving distracted, drug or alcohol use, failing to obey traffic safety rules and speeding. If an investigation reveals that the commercial driver or tractor-trailer company was negligent or in violation of state or federal regulations, they may be held liable for your loved one’s death.

WORK INJURY RESULTING IN WRONGFUL DEATH

If you have lost a loved one in a workplace accident due to the willful or intention acts, errors or omissions by the Employer, you may be able to make claims for worker’s compensation benefits and a wrongful death claim. To prevail in a claim against your Employer for the wrongful death will have to meet the legal standard set in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-34, 131 N.M. 272, 34 P.3d 1148 in order to successfully sue your Employer. However, you may also have a third-party wrongful death cause of action if the death was caused by someone not associated with the Employer.

MEDICAL MALPRACTICE RESULTING IN WRONGFUL DEATH

A wrongful death case arises when a patient dies as a result of medical malpractice. Depending on what the cause of death was, a medical professional may be held liable including a nurse, doctor, surgeon, anesthesiologist or a medical facility such as a doctor’s office, hospital or surgical center. Although we trust our lives as well as the lives of our loved ones to medical professionals and medical facilities and expect proper medical care to live long healthy lives, this is not always the outcome. Medical professionals are human and are subject to errors and omissions.

Medical malpractice wrongful death claims are among the most difficult claims to prove. You will want the legal guidance of an experienced Medical Malpractice Wrongful Death Attorney to help determine liability and prove negligence. The legal standard is high and the costs associated with pursuing and taking this type of case to trial will be significant. Expert witnesses will be required to prove that the medical professional failed to meet the standard of care required in each situation. The costs to litigate are expensive and are always the responsibility of the client regardless of the outcome of the case.

PRODUCTS LIABILITY RESULTING IN A WRONGFUL DEATH

Manufacturers and other companies that make products for consumers have the responsibility to ensure the products work as intended and manufactures owe a legal duty to ensure products are safe for consumers. Defective products pose a serious danger to the health and well-being of consumers.

Examples of product liability wrongful death include:

Dangerous toys
Defective airbags
Defective tires
Defective car seats

Negligence will be helpful but does not always need to be proven when it comes to a case involving product liability. The Plaintiff will need to show that the product contained some level of defect, through design or manufacture making the product unreasonably dangerous. In some cases, strict liability and issues related to joint and several liability will apply.

Furthermore, the Plaintiff would need to establish that the product in question caused or contributed in some way to the wrongful death of the victim. An example would be an airbag that failed to deploy in the event of a head-on collision and the injuries that resulted from the lack of protection caused the death of the victim. Other cases involving food preparation and cleaning will result in a wrongful death case.

PREMISES LIABILITY RESULTING IN WRONGFUL DEATH

Premise liability comes into play when dangerous premises are responsible for the death. Depending on the circumstances, such claims may be brought against a business, a landowner, a homeowner, a landlord or even the local, state or federal government.

For example, a swimming pool that does not have proper fencing to protect children from accessing the pool area unsupervised. The absence of legally required gate(s) poses a threat to those that do not know how to swim, and the property owner may be held accountable if someone is harmed in that swimming pool.

To prove a premise liability wrongful death claim, the plaintiff will need evidence that proves the following:

How their loved one was harmed.
How the property owner was negligent.
How their loved one’s injury caused his/her death.

The plaintiff and the plaintiff’s attorney will also have to prove the following:

The property owner owed the victim a duty of care
The property owner breached the duty of care by failing to act as a reasonable property owner would in a similar situation.
The property owner’s breach of the duty of care caused the victim’s death
The plaintiff has the legal right to compensatory and possibly punitive damages.

Common examples of premises liability wrongful death claims include:

Slip and falls
Fires and explosions
Dog bites
Daycare or school injuries
Negligent maintenance of parking lot or property
Lack of premises security
Swimming pool deaths

WHY FILE A WRONGFUL DEATH CLAIM?

Although filing a wrongful death claim cannot erase the horrific tragedy that has occurred, three things may help a grieving family by filing a wrongful death claim.

Accountability: For many families, this is the only path they have in reaching justice.
Compensation: Survivors should not have to worry about financial difficulties and the added stress layered on top of the emotional and mental trauma that has resulted from losing a loved one unexpectedly. A wrongful death claim may be able to eliminate the financial burdens that the survivors are faced with as a result of their loved one’s wrongful death.

Survivors may be entitled to recover for damages including:

Medical expenses
Funeral expenses
Mental anguish and emotional distress
Lost earning and loss of future earnings capacity
Lost of expected inheritance
Lost care, support, guidance or counsel
Lost love or companionship
Lost benefits from employment

3. Future safety: Wrongful death claims have the power to force guilty parties to change their company safety policies and procedures with the goal of making life safer for others.

When it comes to wrongful death claims, the cause of death is not always apparent. In many claims, the investigation that takes place during a wrongful death lawsuit may be the only way a grieving family can discover the truth and eventually find closure.

If you are grieving the loss of your loved one due to the negligence of a third-party entity or person, we encourage you to contact Sapien Law LL and schedule a free consultation with one of our experienced personal injury attorneys to ensure that your family gets the maximum compensation that you deserve. Please contact us at (505) 842-5979 or visit www.sapienlaw.com to complete a brief intake.

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Five Ways You May Unintentionally and negatively affect Your Personal Injury Claim

Number 1: Deciding Not to Call the Police

Number 2: Not Seeking Medical Treatment

Number 3: Exaggerating Your Injuries or Losses

Number 4: Using Social Media

Number 5: Not Contacting a Personal Injury Attorney

What if I get hit by a drunk driver

What if I'm injured as a passenger in an auto crash with a drunk driver? ﻿

Proving the negligence of a drunk driver

Punitive damages awarded to passengers of drunk drivers

The burden of proof against a drunk driver

The possible case against the passenger's drunk driver

No comparative negligence

Evidence

Premises Liability

What is Inadequate Security?

Where Can Inadequate Security Occur?

ESTABLISHING FAULT IN AN INADEQUATE PREMISES SECURITY LAWSUIT

How to Successfully Pursue a Personal Injury Claim

Personal Injury

Establishing Who's At Fault

Negligence

The Need For a Personal Injury Attorney

Motorcycle Collision and Traumatic Brain Injuries

CONSEQUENCES OF A MOTORCYCLE CRASH HEAD INJURY

HEAD INJURY TREATMENT AFTER A MOTORCYCLE CRASH

PREVENTION OF TRAUMATIC BRAIN INJURY IN MOTORCYCLE CRASHES

Personal Injury claim fundamentals

The Fundamentals to your claim

Post Traumatice Stress Syndrome aka PTSD

Auto Crashes may cause PTSD

WHAT IS POST TRAUMATIC STRESS DISORDER?

OTHER SYMPTOMS OF PTSD CAN HAVE A SEVERE IMPACT ON YOUR DAY-TO-DAY LIFE

TREATMENT FOR PTSD

PREPARING FOR YOUR DEPOSITION

What Happens Before the Deposition?

What Happens During a Deposition?

What Happens After the Deposition?

Deposition Tips

REQUEST BY INSURANCE COMPANY TO SIGN A RELEASE

The Personal Injury Claim Process

HIRING AN EXPERIENCED AND QUALIFIED PERSONAL INJURY ATTORNEY

STATUTE OF LIMITATIONS

DEFINITION OF A PERSONAL INJURY

THE DEMAND LETTER

FILING A COMPLAINT

THE DISCOVERY PROCESS

NEGOTIATING A SETTLEMENT

TRIAL

The Value to a Last Will and Testament

IS THERE A VALUE TO CREATING A LAST WILL & TESTAMENT?

TRACTOR TRAILER COLLISIONS

TRACTOR TRAILER COLLISIONS

DETAILS ABOUT THE TRUCKING COMPANY AND THE COMMERCIAL DRIVER

MEDICAL RECORDS AFTER THE COLLISION

YOUR VEHICLE AFTER THE CRASH

YOUR PERSONAL FINANCIAL DETAILS

Workers Compensation

Worker Compensation Cases ﻿

Professional History

Personal Injury:

Sample blog re Personal Injury

Personal Injury

What to do After a Slip and Fall Occurs

Premises Liability and Slip and Fall Injuries

Website content for Q & A re WC claim and PI claim

Workers’ Compensation Benefits:

Auto Collision Lawsuit:

Do I Have to Pay Taxes on a Personal Injury Settlement

Do I Have to Pay Taxes on a Personal Injury Settlement?

AUTOMOBILE REPAIR EXPENSES

MEDICAL EXPENSES

MENTAL ANGUISH AND EMOTIONAL DISTRESS

SETTLING A PERSONAL INJURY CASE

PERSONAL INJURY SETTLEMENTS

EVALUATING A POSSIBLE SETTLEMENT TO YOUR CLAIM

Importance of medical treatment after auto collision

THE IMPORTANCE OF MEDICAL TREATMENT AFTER A COLLISION ﻿

Sapien Law recommends the following action after a serious auto collision with injuries:

What if I'm injured as a passenger in an auto crash with a drunk driver?

Worker Compensation Cases

THE IMPORTANCE OF MEDICAL TREATMENT AFTER A COLLISION