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New Mexico Lawyers Serving New Mexico's Legal Needs Since 1997

Albuquerque Law Blog

Worrying about debts probably won't help, but bankruptcy might

Countless individuals have experienced periods of financial struggle throughout the course of their lives. In some cases, these periods may be short-lived, while in others, it can be difficult to see the light at the end of the tunnel. Perhaps you are experiencing similar challenges, and you are feeling crushed under the financial weight of debt.

You could be considering a long-term solution to your financial woes but worrying about the potential impact to your credit. In many cases, these solutions can be much healthier, financially speaking, in the long run than the alternatives. You might find it beneficial to explore the available outlets for debt relief and find out if bankruptcy is a good fit for you.

Relief from the strain of student loan debt

Some of our clients come to us for advice about how to handle staggering levels of student loan debt. We educate them about options for relieving the pressure of monthly student loan payments, such as those discussed in this previous post.

CNBC just published an article that provides statistics about student loan debt as well as an exploration of debt relief options for student loans short of filing for bankruptcy or going into default.

The current uncertainty about the future of medical-debt levels

Medical debt is an important topic in the news right now because of the activity in Congress around whether to repeal the Affordable Care Act, also called the ACA or Obamacare. We talk about medical debt in our blogs because of the impact it has on our clients who talk to us about legal options for dealing with it, including possible bankruptcy.

Possible link between Obamacare and bankruptcy rates

Notably, Consumer Reports just published an article that analyzes the drop in personal bankruptcy filings since Obamacare took effect. From 2010 to 2016, personal bankruptcies nationally dropped by about half: from 1.5 million to around 770,000. Coincidently, or not, depending on your view, this was the stretch of time during which the ACA started to take effect.

Peripheral nerve damage from a motor vehicle accident

Here at Giddens, Gatton & Jacobus, P.C., we fight for just compensation for the victims of car accidents. Part of any claim for damages is of course for medical expenses, past and future, as well as for pain and suffering caused by the collision.

Nerve injury

A common injury from a car crash is peripheral nerve damage, sometimes called peripheral neuropathy. Peripheral nerves are those on the periphery - meaning on the outside or on the edge - those in the extremities like the arms, hands, legs and feet, but also those that control organs. These peripheral nerves send and receive messages between the brain and spinal cord (the central nervous system) about what is happening in the periphery.

Study shows high rates of phone-use distraction while driving

At our law firm, we represent the victims of motor-vehicle accidents caused by negligent and reckless drivers in personal injury and wrongful death lawsuits. We have discussed New Mexico's ban on texting while driving in a previous post. Today, we share the startling findings of a new national study on mobile-phone distraction while driving.

Cell-phone technology gathers accident data about texting

In more than half (52 percent) of car trips that ended in accidents, "phone distraction" occurred during the ride, reported Cambridge Mobile Telematics, a Cambridge, Massachusetts, mobile-phone data application business, last month.

The company has developed phone apps to measure real-time driver behavior by gathering data using phone sensors, a specialty called telematics. The data for the study was gleaned from a software app installed on hundreds of thousands of cell phones used by drivers.

PTSD affects numerous victims of serious car accidents

If a serious auto accident has caused you to be injured, physical suffering is expected. It takes the body time to heal, and there are no guarantees of a full recovery, as every body is different in how it will react to certain injuries. What people do not expect, however, are the psychological effects that car accidents can have on them. Post-traumatic stress disorder is a relatively common problem among those who survive severe collisions, whether they occur in New Mexico or elsewhere.

According to the U.S. Department of Veterans Affairs, motor vehicle collisions are responsible for injuring nearly three million people in the United States every year. Researchers estimate that 9 percent of those who suffer injuries in auto accidents will develop mental health issues as a result. Are you one of them?

Retail bankruptcy on the rise

In April, the Albuquerque Journal reported that five Payless ShoeSource stores will close in New Mexico, including one in Albuquerque. This decision was made in connection with the company's Chapter 11 bankruptcy filing.

"Chapter 11" refers to the U.S. Bankruptcy Code and is a form of business reorganization bankruptcy that usually allows a business to stay open, using a court-approved debt repayment plan to ease the pressure of heavy financial liabilities.

New Mexican motorcyclists: proceed with caution

With summer approaching, New Mexicans, and visitors to the Land of Enchantment who love their motorcycles, will hit the roads in high numbers. Who can blame them? Our state offers natural beauty of such variety and when you explore it on a motorcycle, the wind and sunshine add another dimension to the experience.

Motorcycle-accident liability

Unfortunately, some drivers of larger motor vehicles like cars, vans, SUVs, pickups and even larger vehicles do not drive with motorcycle safety in mind. When a driver negligently or recklessly causes an accident involving a motorcyclist, the driver of the larger vehicle is liable in a personal injury lawsuit under state law for the resulting injuries and property damage of the person on the motorcycle.

Should a crash result in the death of the motorcyclist, his or her surviving loved ones should speak with an attorney about whether a wrongful death claim is an option.

Credit card debt is a serious problem in New Mexico

After the recession, New Mexicans are still struggling to keep their homes or recover from unemployment. A loss of health insurance may have left a mountain of medical debt.

In these times, people may use credit cards to make ends meet - possibly as their only means to buy food, medicine, car insurance, and other necessary purchases, or as the last resource to keep utilities on or make car payments.

Fatal I-25 crash attributed to alleged drunk driver

On a late February Friday night, a drunk-driving suspect tragically rear ended a car containing three young women on I-25 near San Felipe Pueblo. The young women were on their way from Colorado to Arizona. According to KRQE News 13, the driver allegedly was driving with three times the legal limit of alcohol in his system, and may have been driving as fast as 100 mph.

One of the women died and the other two sustained critical injuries, including a head injury. In this case, the driver reportedly faces several New Mexico criminal charges, including homicide by vehicle.

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10400 Academy Road NE
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Albuquerque, NM 87111

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