Avoiding Injury (and Attorneys) when Possible; and What to do When You Can't.

NM Utility Asks 10th Circuit to Rethink Navajo Right-of-Way Ruling

(This article was originally published on the Law360 Blog, July 10, 2017)

A New Mexico utility asked the full Tenth Circuit on Friday to rethink a ruling that it cannot secure a path for a transmission line through property that is partly owned by the Navajo Nation because there’s no language in federal law on rights of way that allows tribal lands to be condemned.

Topics: New Mexico Law Navajo Nation press

Hiring a Personal Injury Attorney (or Not): Pros and Cons

Most personal injury cases are settled prior to the filing of a lawsuit and long before a jury trial. Injury attorneys are thus generally the best negotiators available to deal with the insurance adjuster or risk manager who will initially handle your case.

Topics: Personal Injury Hiring an Attorney

New Mexico Medical Malpractice Act: Who's a Qualified Healthcare Provider

A medical malpractice lawsuit is like any other personal injury lawsuit in many ways with one significant exception:

Topics: Personal Injury medical malpractice

Is Medical Malpractice a Serious Problem?

That makes medical negligence the third (estimated) leading cause of death in our country. Only heart disease and cancer cause more deaths than medical errors.

Topics: medical malpractice

Filing a Medical Malpractice Lawsuit: Who? Why? And How?

A person can only sue a doctor or other healthcare provider if there is sufficient evidence (good cause to support the claim) that the health provider committed malpractice. That is, the healthcare provider’s conduct fell below the standard of care owed to the patient. 

Topics: Wrongful Death medical malpractice

Hiring a Lawyer: Understanding Contingency Fees

Too often, personal injury victims either fail to act on a personal injury claim or may even attempt to resolve their case without seeking help from an attorney.

In our experience one of the biggest reasons that injured people don't seek the help of a personal injury attorney is because they don’t think that they can afford the service, or because they think they have been treated unfairly by attorneys in the past.

Topics: Hiring an Attorney Contingency Fees

Let’s Take a Stand Against Elderly Abuse: Warning Signs


Physical Abuse Against the Elderly? 

The subject of nursing home abuse can be a very uncomfortable one, especially if you have a loved one that you suspect is being treated unfairly or even neglected. Below is a list of signs to look for when suspecting that an elder may be subject to nursing abuse or neglect.

Top 5 Things You Need to Know About Legal Finance Companies

5 Things you'll be glad you learned about legal finance companies.

Getting injured isn’t cheap, and, though the injury itself is almost never expected, we all expect that we will have to pay to see a doctor, and maybe take a day or two off of work to cope with the pain. Almost none of us stand prepared for the unexpected catastrophic injury that can severely damage our lives in general, and lead to temporary or permanent disability. Many cash-strapped plaintiffs waiting on a settlement will turn to a legal finance company to cover some of the up-front expenses associated with healing and hiring a lawyer. As a personal injury practice, we here at The Davis Kelin Law Firm thought the general public should be aware of the following when considering using a legal finance company:

Topics: Hiring an Attorney

The Americans with Disabilities Act and Legal Fees

What do you think of the Legal Fees and the American Disabilities Act?

A recent New York Times article: “Disabilities Act Prompts Flood of Suits Some Cite as Unfair” [1] brought to bear an interesting legal question: to what extent is it “fair” that plaintiffs sue under the Americans with Disabilities Act to reform public venues that are not in compliance with the act, when they themselves have not, or at least only moderately, been affected by the business’ non-compliance?

Topics: Hiring an Attorney

Victims of Auto-related Crimes


Victims of Auto-related Crimes

Most people think of crime in general terms and assume that, if you commit one, you will be punished.

There is nothing wrong with this view, but it forgets one important consideration in punishment:

the harm done to the victim.

Victims of auto-related crimes, everyday attacks, shootings, and general acts of aggression generally care less about the punishment itself and more about how to cope with injuries caused by the criminal act.