Law Firm Overview

Firm Overview

Our law office is conveniently located in a beautiful law building near historic Oldtown in Albuquerque. We represent people who have been injured. A serious injury has devastating consequences to a working person and his or her family. We devote our full time and attention to recovering all damages to which an individual is entitled from every possible source.

We have over 25 years of experience practicing law in the courts of New Mexico. Our practice has included a wide range of personal injury litigation, including insurance litigation, automobile accidents, injuries occurring on business premises, homeowner liability claims, wrongful death claims, and worker compensation cases.

The firm utilizes advanced litigation, research, and technical resources available to litigation attorneys. For serious injuries, computer presentations are prepared to illustrate and explain complex liability and medical issues for purposes of settlement negotiations and trial.

Practice Areas

In these days of complex health insurance, harsh state worker's compensation laws, and complicated insurance coverages, it is important to retain an attorney with experience in all areas of the law which may affect recovery of damages and benefits in the case of a serious injury. The following is a list of potential considerations involved when an injury occurs:

1.    Following an injury, an individual will be required to deal with his or her own health insurance if such coverage was available. Oftentimes, the health insurer will assert a claim for reimbursement from the personal injury recovery. Your attorney should be experienced in handling such reimbursement claims.

2.    If the matter involves a motor vehicle collision, an individual may seek benefits under any coverages available under his or her own insurance policy in addition to seeking damages from the party at fault. Your attorney should be experienced in knowing what benefits may be obtained from your own insurance, including "medical benefits," "uninsured motorist coverage," and "underinsured motorist coverage."

3.    If the matter is work related, it may be necessary to assert a worker's compensation claim. It is important to pursue any other available source of recovery, for example, anyone other than your employer who may have been involved in causing the injury. This might include another subcontractor, the general contractor, or some other person who caused the injury who was not involved in the work at all. This firm handles cases involving the complex interaction between a third party tort claim and a worker's compensation claim when damages may be recoverable from both sources.

RECENT CASE EXAMPLES

The Wagman law firm has represented clients in recent years in the following types of cases.

1. CONSTRUCTION INJURY

Our client was an ironworker who was performing work on an airplane hanger. He fell while working on the roof to the concrete floor below. He suffered facial fractures and sustained a traumatic brain injury.

In addition to asserting a claim for worker compensation benefits, suit was filed against the general contractor for failure to require the use of a fall protection system.

2. AUTOMOBILE ACCIDENT-INSURANCE LITIGATION

Our client was a police officer who was responding to a call for assistance. He was severely injured when a vehicle pulled off of the road to the right, and then made a U-turn in front of him. As a result, the police vehicle was demolished and our client suffered a comminuted fracture of his leg. He underwent surgery for implantation of a rod in his leg.

In addition to asserting a claim for worker compensation benefits, this case was brought as an uninsured motorist claim. The issue litigated before an Arbitration Panel was whether our client was entitled to "stack", or add, the coverages for which separate premiums had been paid under the municipal insurance policy as an intended beneficiary of the coverages provided under that policy.

3. TRIP AND FALL

Our client was shopping at a department store. She tripped over display fixtures that that had been left on the floor in the middle of the aisle by one of the employees. She suffered a disc herniation of the thoracic spine for which she required an instrumented surgical fusion. She also suffered a knee injury which required surgery.

A lawsuit was filed against the department store for negligence.

4. DRAMSHOP LIABILITY (SUIT AGAINST A BAR)

Our client was a minor who was served alcohol at a bar along with other minors. Upon leaving the bar he left in a car being driven by one of the other minors who had been served alcohol. The driver lost control of the vehicle. Our client suffered fractures of his left and right arms, comminuted fractures of his left and right legs, fractures of his pelvis and sacrum, and a pneumothorax. After being air-lifted to a hospital he underwent multiple surgical procedures.

Suit was filed against the bar for allowing these minors to drink alcohol at the bar in direct violation of the law.

5. PREMISES (INJURY AT A BED & BREAKFAST INN)

Our client was a visitor from out of state staying at a Bed & Breakfast. She went to use the powder room located near the front desk in the lobby. The door to the powder room was closed and the light was not on. She attempted to locate the light switch, but there was no exterior light switch. As she opened the door and reached inside to find a light switch, she fell off of a single, unexpected, and unmarked step. She landed on the floor and sustained a severe injury to her spine.

Suit was brought against the B & B for negligently allowing a dangerous condition on the premises in a place of public accommodation.

Areas of Practice

• Motor vehicle accidents
• Wrongful death
• Negligence and insurance claims
• Slip and Fall
• Premises Liability
• Dog Bites
• Construction Injuries
• Worker's Compensation

Published Works

• Pre-existing Conditions- How to Beat an Aggravating Defense, NMTLA Seminar: "Reducing the Fear of Jury Selection and Other Hot Topics", 2002
• Expert Witnesses in Personal Injury Cases, N.B.I. Seminar: Advanced Personal Injury Practice in New Mexico, 2003

Classes and Seminars

• Forum Participant, National Institute for Trial Advocacy
• Participant, ATLA Ultimate Trial Advocacy Course, Cambridge, Massachusetts
• Pre-existing conditions-How to Beat an Aggravating Defense, New Mexico Trial Lawyer's Assoc., 2003 - Present
• Advanced Personal Injury Practice, National Business Institute, 2003 - Present

Representative Cases

• State v. Ewing, 97 N.M. 235, 638 P.2d 1080 (1982)
• O'Kelly v. State, 94 N.M. 74, 607 P.2d 1314 (1980)
• State v. Moore, 94 N.M. 503, 612 P.2d 1314 (1980)
• State v. Ruiz, 94 N.M. 771, 617 P.2d 160 (Ct.App. 1980)
• State v. Sanchez, 95 N.M. 27, 618 P.2d 371 (Ct.App. 1980)
• State v. Vigil, 97 N.M. 749, 643 P.2d 618 (Ct.App. 1982)
• State v. Wise, 95 N.M. 265, 620 P.2d 1290 (1980)
• State v. Trujillo, 99 N.M. 251, 657 P.2d 107 (1982)

West Practice Categories

Personal Injury -- Plaintiff, Motor Vehicle Accidents -- Plaintiff