Collins and Collins, P.C.

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Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys

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Today: 8:30 am - 5:00 pm

Tomorrow: 8:30 am - 5:00 pm

22 Years

in Business

(505) 242-5958Visit WebsiteMap & Directions500 4th St NW Ste 405Albuquerque, NM 87102 Write a Review

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Mon - Fri:	8:30 am - 5:00 pm
Sat - Sun	Closed

Collins and Collins, P.C.

Guardianship
In the case of an incapacitated veteran, an interested party, usually a spouse, adult child, other family member or friend may act on the veteran’s behalf with a proper power of attorney. Hopefully, this is obtained prior to the veteran becoming fully incapacitated. In case there was no power of attorney, and the veteran has become incapacitated, the interested party can petition the court for appointment as the veteran’s guardian with a Petition for Guardianship.

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Albuquerque Personal Injury Attorneys

General Info: Personal injury law firm representing clients in criminal defense, medical malpractice, premises liability, DWI/DUI, family law, and employment law with over 50 years of combined legal experience.
Email: Email Business
Extra Phones: Fax: (505) 242-5968
Payment method: mastercard, visa, check
Location: Personal injury law firm representing clients in criminal defense, medical malpractice, premises liability, DWI/DUI, family law, and employment law with over 50 years of combined legal experience.
Neighborhoods: Downtown Albuquerque, Mandells
AKA: Collins & Collins, P.C.
Other Link: http://www.collinsattorneys.com
Categories: Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys, Construction Law Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Domestic Violence Attorneys, Elder Law Attorneys, Employee Benefits & Worker Compensation Attorneys, Family Law Attorneys, General Practice Attorneys, Insurance Attorneys, Legal Service Plans, Malpractice Law Attorneys, Medical Malpractice Attorneys, Personal Injury Law Attorneys, Professional Liability & Negligence Law Attorneys, Social Security & Disability Law Attorneys, Traffic Law Attorneys, Workers Compensation Assistance, Wrongful Death Attorneys

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Phone: (505) 242-5958

Address: 500 4th St NW Ste 405, Albuquerque, NM 87102

Website: http://www.collinsattorneys.com

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Collins and Collins, P.C.

Guardianship
In the case of an incapacitated veteran, an interested party, usually a spouse, adult child, other family member or friend may act on the veteran’s behalf with a proper power of attorney. Hopefully, this is obtained prior to the veteran becoming fully incapacitated. In case there was no power of attorney, and the veteran has become incapacitated, the interested party can petition the court for appointment as the veteran’s guardian with a Petition for Guardianship.
Child Abuse
Any kind of child abuse can cause severe life-long consequences for the child’s physical and emotional health. This leads to many negative outcomes. Child victims of abuse later suffer many severe mental health issues such as PTSD depression, anxiety, bipolar disorder, eating disorders and substance abuse. Not surprisingly, this leads to a significantly higher high school dropout rate. It also leads to much higher levels of incarceration due much to the fact that child victims of abuse and neglect are more likely to engage in high risk behaviors. The most common of the high risk behaviors are the early use and abuse of drugs and alcohol which often occurs in the form of self-medication to deal with the abuse suffered. It’s a very sad cycle and very cruelly is a major contributor to the “school to prison pipeline”.

Criminal Defense
Immigrant fears of pursuing legal rights has always been a problem. This is true both in civil matters as well as criminal matters. It is common knowledge that many immigrants will not report crimes against them due to the fear of deportation or other immigration consequences. This is also true of the pursuit of legal rights in cases of personal injury and wrongful death, including those suffered at work.
DUI/DWI
Punitive damages may be awarded in cases where the other driver’s actions were malicious, intentional, or grossly negligent. These are often seen in lawsuits involving drunk driving or extremely reckless driving, as punitive damages are intended to punish the at-fault driver and provide further relief to the victim. However, any case where the negligent driver acted with intentional malice or wanton disregard for others could be eligible for punitive damages.
Wrongful Death
The Federal Tort Claims Act is intended to provide an avenue to recovery for injury, property loss or wrongful death caused by the wrongful act or omission of any employee of the federal government.
Traffic Violations
Excessive speed is the second leading cause of truck accidents accounting for 22.9% of trucking accidents. This is one we are all familiar with as we see trucks speeding past us on the highways.
Assault
Homicide
It might come as a surprise that workplace violence is the second leading cause of work related fatalities. Workplace related violence accounted for about 16% of work related fatalities. These included both homicide and suicide. All work related injuries and wrongful deaths pose challenges for personal injury lawsuits, which will be addressed below. These types of claims create an additional layer of challenges related to duty and foreseeability.
Restraining Order
The abuses and obstructions of the medical grievance process are far too numerous to enumerate here. However, they have been enumerated in a lawsuit filed against NMCD by Collins & Collins, P.C. attacking the constitutionality of the medical grievance process. The list of abuses and obstruction is very lengthy though certainly not exhaustive. To view the full magnitude of NMCD abuses in the medical grievance process, view the PETITION FOR DECLARATORY RELIEF AND TEMPORARY RESTRAINING ORDER (PETITION) filed by Collins & Collins, P.C. on May 20, 2021.
Hit and Run
Do not leave the scene of the crash. Going before you speak with the police could be treated as a hit-and-run crime in New Mexico.

Workers Compensation
Because of the gross deficiencies of the Workers Compensation Act, it is essential to determine whether the case might fall outside the Act. There are a couple of ways this might be the case. First, the issue might come under the Delgado exception derived from Delgado v. Phelps Dodge. Exceptions under Delgado are infrequent. Delgado requires that the employer send the employer into a situation knowing that the employee will be badly injured or killed.

Premises Liability
Property Damage
If you’ve been involved in a motor vehicle accident, you are likely well aware of how such an event can impact your life. Physical pain, psychological trauma, property damage, missed work, and medical treatments are all expected after an accident. Each situation is different, and there is no way to predict your prognosis or day-to-day life after a car accident.

Personal Injury
The reality could not be further from the truth. The South Carolina Trial Lawyers Association found 136 personal injury verdicts in South Carolina‘s 3 largest counties in all of 2007 and 2008. Of these, only seven included punitive damges, and only 2 of the 7 included punitive damages greater than $7000. This reinforces the fact that punitive damage awards are both rare and stingy. If a company has engaged in such outrageous behavior to incur punitive damages at these odds, is this the kind of business that South Carolina or any other state would want to attract?
Medical Malpractice
In New Mexico, there are caps on both medical malpractice claims and claims against the government. These caps are highly detrimental to injured plaintiffs and undermine the right to a jury guaranteed under the 7th Amendment of the U.S. Constitution. However, the caps are routinely upheld in New Mexico and beyond.
Auto Accidents
Social Security Disability
Instead, the financial burden is shifted from the responsible medical provider to the innocent patient who may have suffered permanent injuries or death. The burden is shifted to the patient and his or her family who may have suffered catastrophic damages in the form of permanent impairment or wrongful death along with the resulting loss of income to the family. In turn, this burden is most often shifted to society as a whole when future medical care, which may last a lifetime, must be provided by Medicaid or Medicare. It is shifted further to society when the injured person is placed on Social Security Disability, or the family is left destitute in the case of wrongful death.

Trusts and Estates

Power of Attorney
This seems simple enough but in actuality it can be quite cumbersome, time-consuming and in some cases expensive. In those cases where only the VA is involved, these should be easily obtained through the VA. IF the VA is for some reason uncooperative, they can be obtained through the filing of the administrative claim with the VA. These are provided at no costs to the veteran or his or her legal representative. However, it is often not just the VA that holds the medical records. There may be records spread across multiple medical providers. These must be identified and requested individually. In cases involving non-VA medical providers, these records can be expensive to obtain based upon cost per page charged by the provider or records custodian. HIPPA is an ever-present issue in the collection of medical records. It is critical in cases where the veteran is incapacitated or deceased. In order to obtain the records, the person requesting them must have proper authority. This could be under a medical power of attorney if the veteran executed one prior to incapacitation. Unfortunately, this is the exception and there is typically no medical power of attorney in place. Instead, the person requesting the records must get court authorized permission through appointment as guardian/conservator in case the veteran is living or appointment as the personal representative under the New Mexico Wrongful Death Act in case the veteran is deceased. The records collection process can take a long time depending upon the medical provider and the court processes necessary for HIPPA compliance. The time necessary to collect records must be considered in light of the other deadlines and delays in the evaluation of the claims.

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