Finding yourself in a situation in which the services of an attorney are necessary may be unsettling. A motor vehicle collision or another accident may leave a family under severe financial stress due to medical bills or the victim’s loss of income. An arrest for driving while intoxicated (DWI) or another crime may result in understandable concern regarding both short-term and long-term consequences of a conviction. New Mexico personal injury lawyer Andrew Ortiz takes pride in helping people who have been hurt in an accident pursue the compensation that they need from those who have harmed them. He also gains satisfaction from representing people in Bernalillo County and beyond who are facing a wide range of criminal charges. He can carefully explain your options to you and develop a plan that is tailored to your personal situation.Pursuing Compensation Following an Accident
Even if your case seems straightforward, it is important to enlist legal counsel at the outset to handle any twists and turns that may arise. In a personal injury claim, for instance, the victim must be able to prove that the defendant was negligent. There are four main elements in these cases: duty, breach, causation, and damages. The duty depends on the circumstances but is often defined as using reasonable care. For example, a driver who fails to yield at an intersection or a store that fails to clean up spills on its floor probably have not used reasonable care. A victim then would need to show that their accident was a foreseeable result of the defendant’s negligence. If they prevail in their claim, they likely would be able to receive compensation for both economic and non-economic damages, addressing the financial costs and emotional harm that the accident caused.
One complication that may arise is when a defendant argues that the victim was partly at fault. Under the principle of pure comparative fault, which is used in New Mexico, a plaintiff’s compensation award would be reduced in proportion to their degree of responsibility for the accident. For example, if a jury finds that the plaintiff’s damages are $80,000 but also determines that they were 25% at fault, they would be able to receive $60,000 in damages. This makes it important to consult a knowledgeable personal injury attorney who can defeat or minimize a comparative fault argument, preserving the victim’s compensation award as much as possible.Vigorous Advocacy in Criminal Defense Matters
To be successful in a criminal case, the State must prove each of the elements of the alleged crime beyond a reasonable doubt. This is a much higher burden than in civil cases, and it is important to investigate all of the possible ways to defend a charge. Strategies may involve both procedural arguments based on constitutional protections for defendants, such as the freedom from unreasonable searches and seizures, in addition to substantive arguments based on the elements of the specific charge. For example, someone who has been charged with assault may be able to show that they acted in self-defense. A theft or drug charge may be defeated if the defendant lacked the specific intent to commit the crime or law enforcement entrapped the defendant into committing a crime that they would not have committed otherwise.Fighting Charges of DWI
One of the most commonly charged crimes in New Mexico involves drunk driving, or driving while intoxicated. Andrew Ortiz can help drivers who are facing these charges in both criminal proceedings and MVD hearings. Even if your BAC was measured above the legal limit, you may have ways to avoid a conviction or have the charge reduced. For example, the police officer who stopped you may not have properly conducted the test or may not have had a legal justification to pull you over in the first place. A DWI conviction may have a substantial impact on your ability to keep your license and your job, so it is important to seek legal guidance promptly if you are facing this type of charge.Contact an Experienced Criminal Defense or Personal Injury Lawyer in New Mexico
A minor nuance may make or break your case, so you need to consult a lawyer who will be able to recognize these nuances and take them into account. Knowledgeable New Mexico personal injury attorney Andrew Ortiz has 25 years of legal experience. Prior to starting his practice, he served as a police officer, which helps him build strong cases for his clients as a criminal defense attorney. To schedule a free appointment to discuss your case with Attorney Ortiz, call us at (505) 242-1195 or contact us online. We represent people in Albuquerque and throughout Bernalillo County, as well as in other areas of New Mexico.