In addition to medical malpractice, we handle product liability cases, personal injury cases (including defective highway design cases, motor vehicle accidents and nursing home negligence cases), and legal malpractice cases. We have extensive experience in all of these areas.

Product Liability

We have successfully pursued vehicle crashworthiness cases against major motor vehicle manufacturers including Chrysler, Mitsubishi, Honda, Nissan and BMW. These cases include a number of SUV rollover actions. In Korzeniewicz vs. Honda, we represented a university professor who was rendered a quadriplegic and obtained a default judgment against Honda Motor Company for discovery abuse. We have also handled cases involving defective medical products (catheters), rollup truck doors, and defective ladders.

Defective Highways and Roads

The State of New Mexico and its various political entities (city, counties, etc.) can be held liable for maintaining highways and streets in an unreasonably dangerous condition. We have prevailed in a number of cases against the State of New Mexico where fatal accidents have occurred because the State has failed to reduce speed limits and post proper warning signs.

Motor Vehicle Accidents

As we all know, motor vehicle collisions happen often and to everyone. Some lawyers chose to advertise for this type of case due to the sheer volume available and the fact that, in general, they are less complex and less costly to litigate than other kinds of personal injury cases. This firm has chosen not to advertise in the media, so we no longer do the number of motor vehicle collision cases we did before such advertising became popular. However, we still represent persons who have received injuries from motor vehicle accidents and prosecute their cases as vigorously as the other categories of cases listed here.

Legal Malpractice

It has been the philosophy of this law firm that if we are going to sue doctors for medical negligence, then we should be willing to do the same when lawyers are negligent. While legal malpractice does not comprise a large part of our practice, we do handle legal malpractice claims when we feel they are warranted. Legal malpractice cases are unique in that one must prove the "claim within the claim." In other words, if a lawyer negligently manages a medical malpractice claim and causes damage to the client, not only must we prove that the lawyer was guilty of malpractice, we must also prove that the client would have prevailed in the underlying malpractice claim against the physician or hospital.

Terry Word has testified as an expert witness in a number of legal malpractice cases for both plaintiffs and defendants, as well as in arbitration proceedings at the request of the State Bar Association.

Nursing Home Negligence, Neglect and Abuse

This is an evolving area of law that will continue to grow due to the increased number of aging individuals in our population. We have litigated such cases and have derived satisfaction not only from obtaining good results for our clients, but also from the knowledge that the pursuit of such lawsuits is forcing nursing homes to review their practices resulting in improved care to residents.

Damages

Wrongful Death

Wrongful death claims are claims in which someone has been killed due to the negligence or fault of another. They can arise from motor vehicle accidents, defective products or negligent medical practice. Terry Word successfully argued the case Sears v. Nissan before the New Mexico Supreme Court, establishing that every life in New Mexico has value, aside from the earning capacity of the individual who was killed, and that plaintiffs are allowed to recover for the value of life itself (also referred to as "loss of enjoyment of life" or "hedonic damages" in wrongful death cases). In addition, Sears v. Nissan established that when a parent is killed, the children are entitled to receive compensation for the loss of that parent's guidance and counseling that they would have received before they became 18 years of age. This was a landmark case in New Mexico, benefiting anyone who loses a loved one due to negligence.

Birth Injuries/Injuries to Children

Cases involving disabling injuries to children present a heavy responsibility to the attorneys who handle them due to their complex nature and the reality that successful prosecution of the action will be instrumental in providing enough funds for the lifelong care of these children. Even so, we find these cases to be extremely gratifying, both professionally and emotionally.

A number of years ago, Terry Word represented a southern New Mexico family with a child who suffered severe brain damage due to medical malpractice. The case was hard-fought and the hospital involved had a cap on its liability pursuant to the New Mexico Tort Claims Act, because it was a state institution. Nevertheless, he was able to obtain a substantial settlement in the form of a structure that insured this young girl would have money available to her for the rest of her life. Several months after the case was concluded, her father was diagnosed with inoperable brain cancer and died not long thereafter. Mr. Word's greatest reward from that case came when the father told him it was easier to face his death knowing that his child would always be taken care of.

We have litigated a number of cases involving birth asphyxia and other injuries to children and newborns. These injuries are particularly tragic and usually result in a child who is severely and permanently disabled. Our most recent case involved a child with undiagnosed neonatal hypoglycemia. That child will never be able to purposefully move his arms and legs, is cortically blind and severely mentally disabled. Obviously these children must be cared for the remainder of their lives, which presents a tremendous burden to their family. We feel fortunate to have the ability and opportunity to assist in obtaining and arranging secure financial futures for such injured children.

Major Debilitating Injuries

We have had a number of cases involving clients who are quadriplegic, paraplegic or have mild or moderate brain injuries. All of these injuries are devastating to the person and his or her family on many levels. Representing such clients requires obtaining expert testimony from life care planners and economists, and determining the stream of income necessary to take care of that person's needs for the rest of his or her life. It also involves discussion with family members so provision can be made for someone to take over care should a spouse or child not be available to do so. It has been a source of great satisfaction to the members of this firm to stay involved in the lives of many of the individuals we have represented and to "keep in touch" as their lives progress and as they work to overcome their difficulties.

Nursing Home Neglect/Injuries to Elderly Persons

We have litigated cases involving nursing home neglect as well as medical malpractice claims involving elderly clients. Although historically such cases were seen as nonviable because of the refusal to value an elderly person's right to a decent quality of life in their later years, society's attitude is changing. We have been gratified to obtain good results for our clients, which we see as validation of our view of an elderly person's value to society and their right to an acceptable quality of life, even though their life expectancy is short.