The History of Personal Injury Law.

Have you ever thought about it?  Some form of law addressing personal injury has been around literally for thousands of years.  If we go back to Biblical and ancient times, the roots of what are now known as tort law and personal injury law were established.  What was known as the law of retribution meant someone who harmed another was required to repay the person harmed.

Beginning in England in the early 1500’s Common Law prevailed.  In this type of law, which was NOT related to church law, precedents and past rulings determined legal issues.  The courts had the power to interpret law.  The system was, more equitable for those who were not part of the ruling classes.

Even as recently as a century ago personal injury law was not common.  The nature of personal injury law today in the United States and The Great Southwest allows the average person to seek restitution.  Ken Wagner Law in Albuquerque is just such a law firm.  From our family at Ken Wagner Law to yours Happy Holidays and a very prosperous New Year.

Defective Products are out there…Everywhere.

Defective products come in all types such as vehicles, the tires they run on, medicines you take, equipment used in manufacturing, children’s toys, appliances you use every day, food that you eat confidently in a restaurant and yes, even items without proper warnings.  If you don’t believe that, check out The McDonald’s Hot Coffee Case.

Product liability comes in three specific categories –

1.  The design is defective

2.  Poorly manufactured items

3.  Warnings about possible harm

Defective Products and the damage they do are something that should never be tolerated in America today!  Ken Wagner of Ken Wagner Law in Albuquerque knows all about defective products.  He was one of the lead attorneys on The McDonald’s Hot Coffee Case.  Call Ken and his team today to investigate your case in The Great Southwest at (505) 242-6300.

Dec 6th Free admission 5-9pm at Explora during Old Town Holiday Stroll in Albuquerque

Free admission 5-9pm at Explora during Old Town Holiday Stroll in Albuquerque

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• 5-7pm, FREE Teen Science Café: Teens can meet a local scientist and find out about their work and career. Snacks included. Activity or demo included. 
• Fun activities for children and adults.
• Take a photo on our high wire bike with holiday props. 
• Get tax-free shopping done while the kids have fun. Holiday discounts at Ideas, the Store at Explora! 
• Two floors of hands-on exhibits are open for exploration.

Wrongful Death Defined.

It sounds bizarre on the surface, doesn’t it?  Isn’t death ALWAYS wrong?  Of course it is, but as it is defined by the laws of New Mexico and The Great Southwest a wrongful death claim can arise after situations in which a victim who would otherwise have a valid personal injury claim is killed as a result of a defendant’s wrongful action.

Let’s give you some examples –

1.  When the victim is intentionally killed…think O.J.

2.  Death resulting from medical malpractice.  You need aggressive representation.

3.  Car fatalities that involve negligence…probably the most common.

In order to hold the defendant liable in a claim of wrongful death, the plaintiffs in the claim must meet the same burden of proof that the victim would have had to meet had he or she lived.  Pursuing a case of wrongful death is the purview of Ken Wagner Law in Albuquerque.  Trust the experience of Ken and his team by calling (505) 242-6300.

Nearly Everyone Experiences it at Least Once.

That may sound like a loaded headline, but in point of fact, eventually most of the people in The Great Southwest will be in one or more traffic collisions in their lives.  We hope that it (they) are merely fender bender(s).  The reality is that at some point you and/or a loved one may be in a vehicle accident that needs the help of an attorney.

Here is an important point…seek out an accident lawyer sooner rather than later. You should know that in the aftermath of serious accidents, insurance companies are going to send out investigators as well as accident reconstruction experts and others to begin the process of defending the case you will bring against their insured driver.

You see why hiring an auto accident attorney in The Great Southwest is so time sensitive.  One of the very best in the region is The Law Firm of Ken Wagner Law located in Albuquerque.  They will bring over a half-century of expertise to your case with passion and commitment.  Just call Ken Wagner Law at (505) 242-6300.

Veterans Day 2019: What’s open/closed, events and discounts around New Mexico

Veterans Day 2019: What’s open/closed, events and discounts around New Mexico

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ALBUQUERQUE, N.M. -  a list of events that are happening throughout the state for Veterans Day Monday, November 11. There’s also a list of things that are closed in Albuquerque on Veterans Day.  

The famous McDonald's hot coffee case - Retro Report

Retro Report recently filmed an episode in Albuquerque about the famous McDonald's hot coffee case.  Attorney Ken Wagner led the legal team that won that landmark case.  The episode will shed light on this widely publicized, but often misunderstood, lawsuit.  It will air October 28th at 8pm on PBS.

Ken Wagner still practices personal injury law in Albuquerque, New Mexico.  He is actively involved in the local community and often defends the rights of the underprivileged.

Ken Wagner Law is located in the Well Fargo building, 200 Lomas Blvd NW Suite 1112, Albuquerque, NM 87102. He can be reached for personal injury cases at (505) 242-6300 or via email on his website at kenwagnerlaw.com.  

Nursing Homes Should Be Care Facilities.

When a loved one must spend their days in a nursing facility anywhere in The Great Southwest you have the right to assume that your relative is being cared for the same way as if you were on the premises.  That assumption can lead to what is commonly known throughout America as Nursing Home Abuse.

In America there are approximately 17,000 nursing homes.  They currently care for over one and a half million residents.  Some of the signs of neglect may be –

1.  Obvious physical abuse…even if the resident is too intimidated to admit it.

2.  The mood of the resident changes when you visit.

3.  You perceive a lack of care and interest by the providers.

Look for all these signs and more when you suspect nursing home abuse.  If you feel that your loved one is being mistreated in any way, please call the Law Office of Ken Wagner Law located in Albuquerque NM.  Ken and his staff have decades of experience dealing with nursing homes in The Great Southwest.  Call The Ken Wagner Law Firm at (505) 242-6300.

Ghouls on Parade: Halloween Festival & Parade 2019

Ghouls on Parade: Halloween Festival & Parade 2019

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Ghouls on Parade is a festival and costume parade celebrating the spirit of Halloween.

 

Working with an Insurance Adjuster.

Lesson number one…be dispassionate (they are).  You're not sure what your rights are, and you're worried about trusting your insurance company.  You should be!  Your financial interests and your insurance company's financial interests are in a natural conflict.  It’s simple…you want a maximum payout, your insurer is seeking the minimum.

Questions abound…do you need professional help?  Do you need a lawyer?  Do you need a public adjuster?  What is a public adjuster, anyway?  Can you handle it on your own?  The first thing you need before making a decision is a complete copy of your policy, including the "Declarations Page" and all "Endorsements" and "Riders".

If you become even more overwhelmed at this stressful time then, please call the law office of Ken Wagner Law in Albuquerque.  For decades, Ken and his staff have been successfully representing homeowners in The Great Southwest in disputes with insurance companies.  Call The Ken Wagner Law Firm at (505) 242-6300.

31st Rio Grande Arts & Crafts Festival: Balloon Fiesta Show

31st Rio Grande Arts & Crafts Festival: Balloon Fiesta Show

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October 4-6 & 11-13 2019 | @ Sandia Resort & Casino | Albuquerque, NM 

 

Trust is What it’s all About.

When we buy a product, we trust that it will be effective…not defective.  Dangerous products, which people thought were effective and harmless when we purchased them have killed or hurt tens of thousands of Americans year after year.  In the beginning you must seek treatment, in the end you must seek strong legal representation.

Defective products come in all shapes and sizes such as –

1.  Medicine and drugs

2.  Cars

3.  Restaurant food

4.  Children’s toys

5.  Household appliances…and on and on it goes.

You or a loved one can live with the injury (or worse), or you can fight back!  To recover from a defective product, you need the effective representation of The Ken Wagner Law Firm.  Do you live in The Great Southwest?  Then, we are here to help.  Call The Ken Wagner Law Firm located in Albuquerque today for peace of mind and body at (505) 242-6300.

SOMOS ABQ 2019: Albuquerque's Brightest Festival

SOMOS ABQ 2019: Albuquerque's Brightest Festival

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Sat, Sep 28, 2019, 12:00 PM –

Sun, Sep 29, 2019, 2:00 AM MDT

SOMOS ABQ is a city-wide festival showcasing world-class entertainment, food vendors, local restaurants, arts & culture organizations, nonprofits, tech companies, and so much more. Every year, for one day, let's illuminate everything that is great about the city we call home.

That Really Burns Me Up.

As momma used to say, it’s funny until someone gets hurt.  Third and even fourth degree burns on you or a loved one’s body are NO joke!  They affect the skin and the tissues beneath. Sometimes as far as the bone and muscle.  These are the most severe burns and may very well cause extensive scarring.  They also might require a lengthy hospital stay and a long recovery time with multiple surgeries.

Perhaps scalding, hot water caused the accident at a business you happened to be at.  Maybe you were burned by chemicals in an industrial accident while on the job.  Heaven forbid, you were in a vehicle accident that was deemed to be not your fault and third or even fourth degree burns resulted from the collision.

Whatever the case may be, burns are a very serious issue.  If you or a loved one are a victim of burns and need someone special, remember The Ken Wagner Law Firm.  Ken was part of the team that won the McDonald’s Hot Coffee Case!  His staff have defended burn victims in The Great Southwest for decades.  Call their Albuquerque office today at (505) 242-6300.

2019 Harvest Wine Festival, Aug 31- Sept 2

2019 Ha2019 Harvest Wine Festival, Aug 31- Sept 1rvest Wine Festival, Aug 31- Sept 2

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Summertime in Old Town thru August

Summertime in Old Town thru August

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Old Town is the best place to be! With beautiful plazas, great food, unique local shops, and live music on the gazebo, it is the perfect way to spend a day with friends and loved ones.

Two-Wheelers can be Dangerous.

If you are a motorcycle owner in The Great Southwest you know the drill.  You not only have to watch out for yourself, but those regular four-wheel drivers who don’t always treat you with respect.  The fact is, if you are between the ages of six and thirty-three motorcycle accidents are the leading cause of accidental death in the United States!

How many motorcyclists do you imagine are killed each year in the US?  The answer is more than 3000 and so many others are injured or even disabled for the rest of their lives!  Some motorcycle injuries are caused by the negligence of another driver (especially in a car), defective equipment, or other factors that are not the fault of the rider.

When a motorcycle accident becomes a life-changing event for you or a loved one please contact the vehicle accident law firm of Ken Wagner Law located in Albuquerque.  Ken and his team have helped motorcyclists recover the cash they may deserve for over a half-century in The Great Southwest.  Contact Ken Wagner Law at (505) 242-6300.

Construction Season…Danger Season.

Construction tends to be more dangerous than other industries.  Did you know that the rate of injury for workers in the construction industry is approximately two-thirds higher than the overall average for all workers?  Ken Wagner Law wants you to recognize the inherent hazards and to properly prepare to eliminate those dangers.

What are some common construction accidents?

1.  Falling from a scaffold

2.  Exposure to noxious gases

3.  Objects that fall from great heights

4.  Accidents involving heavy equipment

5.  The possibility of electrocution

Every year, about 15 construction workers out of 100,000 are killed on the job.  This does NOT begin to account for the thousands of injuries that have occurred while working.  Construction accident attorney Ken Wagner and his staff will aggressively represent you anywhere in The Great Southwest.  Call Ken Wagner Law of Albuquerque at (505) 242-6300.

Downtown Summerfest 2019 - Aug 3, 2019

Downtown Summerfest 2019 - Aug 3, 2019

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This free family-friendly event features fun for the whole family including an artisan market, microbrew garden, food trucks and live entertainment from local and national acts in the heart of Downtown Albuquerque. 

 

Dealing with Insurance Companies.

You’ve seen the myriad of TV ads for insurance companies.  Their pockets are very, very, deep.  News flash…you are not always in good hands!  To say the least, dealing with insurance companies after you have suffered a personal loss can be frustrating and difficult.  You deserve peace of mind.

All insurance companies are REQUIRED by law to investigate, negotiate, and settle claims while demonstrating good faith.  If they deny a claim without giving a reason to your satisfaction, they may have violated that tenant.  Another common occurrence is that they offer far less money than the claim deserves.

Whom do you turn to?  You find a law firm in The Great Southwest that has gone toe-to-toe with insurance companies for decades on YOUR behalf.  That firm is Ken Wagner Law located in Albuquerque, NM.  No offense, but you should never try to fight insurance companies without someone in your corner.  Call Ken Wagner Law at (505) 242-6300.

Hiring a Personal Injury Lawyer.

Before hiring a personal lawyer or a firm to guide you, your family should ask questions to ensure that you don't end up paying a whole lot of money for services that are not what you need, expect or even want.  Hiring a P.I. attorney does not have to be a fearful experience.  Instead, it can be the most empowering decision you ever make!

Here are some questions we hope will help you –

1.  How are services billed?

2.  Will they be responsive from start to finish?

3.  How will communication between you and me (us) take place?

4.  What happens if you leave the practice?

These are all practical issues with which you must feel comfortable before making this important decision.  When you retain the services of The Ken Wagner Law Firm you get the legal expertise that comes from decades of winning important personal injury cases throughout The Great Southwest.  See for yourself.  Contact The Ken Wagner Law Firm in ABQ at (505) 242-6300.

Martindale-Hubbell…The Gold Standard.

In most industries there is a rating system or standard of excellence that separates them from the pack.  In the law profession that standard of excellence is Martindale-Hubbell.  They recognize lawyers for their strong legal ability and high ethical standards.  Individuals seeking legal counsel, as well as attorneys looking to refer a colleague lean on their rating.

There is an elite group of approximately 10 percent of all attorneys that hold an AV Preeminent Rating, a designation trusted worldwide by referrers of legal services.  They provide a trusted online forum for individuals, businesses and professional colleagues to promote their credentials before a wide audience, including prospects that can’t be reached in other ways.

Ken Wagner Law of Albuquerque is rated by Martindale Hubble as an AV Preeminent Lawyer with a rating of 5.0.  It does not get any better than that!  If you believe that you have a personal injury case anywhere in The Great Southwest call The Ken Wager Law Firm of Albuquerque and take advantage of their many resources.  That number is (505) 242-6300.

What to do in the Immediate Aftermath of a Car Accident.

There are over six million auto accidents in America each year.  Many of them occur on the roads of The Great Southwest.  Hopefully, if you are involved in one of them it will not call for legal expertise in its aftermath.  Sometimes an accident between vehicles results in injuries to the passengers inside of them.

Here are some steps to take immediately after an accident –

1.  NEVER drive away from the scene until you are instructed to do so.

2.  Set up flares and keep your flashers on.

3.  Call the police.

4.  Keep an accurate record including that good old cell phone for pictures.

5.  Exchange all information with the other parties.

Above all else…remain calm!  This will lay you and your friends and family in good stead later.  As soon as you are able, please call the law offices of Ken Wagner Law.  They have been helping car accident victims throughout The Great Southwest for decades.  Make an appointment at our Albuquerque office by calling (505) 242-6300.

Truckin’ around The Great Southwest.

With the coming of summer there are more big rigs on the road going faster than ever on the highways of The Great Southwest.  You and/or loved ones are traveling hither and yon in an automobile or on a motorcycle.  Sometimes you have an unfortunate encounter with a fully-loaded 80,000 pound 18-wheeler!

When the dust settles, it is likely that the insurance company representing the tractor-trailer or other commercial vehicle has hired what is known as an accident reconstruction expert and has used its “deep pockets” to collect evidence which they will then use to defend the commercial driver and its company.

These seem like overwhelming odds, but they are not!  Not when you call Ken Wagner Law located in Albuquerque and serving the vast area around The Great Southwest.  Ken and his team defend the “little guy” in cases like this.  Tap into their decades of experience with truck accidents by calling Ken Wagner Law at (505) 242-6300.  

Get on the Bus Gus…But Be Careful!

Vacation season is coming and more people in The Great Southwest will be traveling by bus than any other time of the year.  It sounds fairly safe, doesn’t it?  Whether you are being transported to the airport or you are out on the road in a Greyhound bus, one thing is probable…you are not fully buckled up as you are in your family vehicle.

Why do bus accidents occur?  Here are some examples –

1.  The driver is not paying attention…even for a second.

2.  The roadway becomes hazardous.

3.  The equipment is defective.

4.  A proper maintenance check was not done prior to leaving.

Whatever the reason, if you are involved in a bus accident on the roadways of The Great Southwest you need to immediately contact Ken Wagner Law of Albuquerque.  The big bus companies will try to settle quickly…be suspicious of that tactic!  Call The Ken Wagner personal injury law firm at (505) 242-6300.

I Trust You…You’re My Insurance Agent.

Those can be famous last words.  Insurance agents are hired (and fired) based on their representation of the agency…not necessarily YOUR best interests.  Whenever you believe that an insurance company is negotiating your claim in bad faith, you should consider taking legal action against that insurance company.

Here are some warning signs of “bad faith” –

1.  Simply denying a claim and giving no good reason

2.  A cursory investigation

3.  Offering way less money than you feel the claim is worth

4.  Outright refusing to pay a valid claim

5.  Making threatening statements against you or a representative of yours

Fight back…insurance companies are supposed to be impartial.  Unfortunately, in America that is not always the case!  If you believe that an insurance company has acted in bad faith anywhere in The Great Southwest, please contact the Ken Wagner Law located in Albuquerque NM.  Their phone number is (505) 242-6300.

How Many Nursing Homes are There?

Have you ever googled nursing homes in Albuquerque?  If you do, you will discover dozens of choices in ABQ and throughout New Mexico.  That does not even begin to address the number of nursing homes located in The Great Southwest.  Obviously, some are better than others.  Choosing the right one is very critical!

The numbers will only rise as Baby-Boomers become seniors.  What are some of the “soft-spots” to look for when doing the research, making the calls, and the visits?  Many nursing homes have overworked and underpaid employees.  Your loved ones must depend on those employees for their food, medicine, exercising, and more.

When good nursing home care becomes negligent or even abusive you should seek help.  Perhaps that assistance comes from Ken Wagner Law.  They are located in Albuquerque and fight for your rights in nursing home abuse cases throughout The Great Southwest.  If you feel that you have a case call Ken Wagner Law at (505) 242-6300.

The Little Guy vs. The Giant.

It has David vs. Goliath ramifications.  In this case it refers to when an individual takes on an insurance company, a hospital, or a large corporation.  To us at The Ken Wagner Law Firm large companies result in large verdicts!  If you doubt that then view the McDonald’s Hot Coffee Article on our website kenwagnerlaw.com.

We believe it is all about passion and compassion.  The members of our firm are passionate about what they do.  We represent people throughout The Great Southwest because we realize that people are at an economic disadvantage when it comes to pursuing justice against large corporations…truly David vs. Goliath!

Ken Wagner Law is located in Albuquerque but wants to help you wherever you are in The Great Southwest.  Bulldogged determination combined with compassion is a powerful duo when you seek the right representation in a personal injury case.  Let us help you sort out the details by calling (505) 242-6300 today.

What is a Defective Product?

We hear about it all the time, just what does the phrase really mean?  Specifically, it is defined as an imperfection in a product that has a design defect or is considered deficient because of faulty instructions or improper warnings.  It is considered unreasonably dangerous to the consumer as it causes potentially serious harm under normal use.

So, what are some examples of defective products?  Among them are –

1.  Medical devices used at home or in the hospital

2.  Tires…they are supposed to keep us safely rolling along

3.  Equipment used in manufacturing

4.  Vehicles of every type

5.  Even the food or drink that you consume

Defective product law is a highly specialized branch of personal injury law.  When it is practiced by Ken Wagner and his staff located in Albuquerque New Mexico it is something that has been done dozens of times over the decades including the famous McDonald’s Hot Coffee Case.  For vigorous representation in The Great South West call Ken Wagner Law at (505) 242-6300.

What is a Third-Degree Burn?

This is very serious business as third (and even fourth) degree burns are sometimes referred to as “full-thickness” burns.  These types of burns mostly eliminate the epidermis and the dermis, which are the top two layers of skin, and they may affect tissues beneath the skin.  The nerve tissue could be destroyed causing an absence of pain for the most part.

Some of the sources of third-degree burns are –

1.  Liquids…scalding water, etc

2.  Direct exposure to very hot objects

3.  Exposure to some chemicals

4.  Electricity

5.  Open flame

There are a myriad of ways to get severe burns.  In The Great Southwest there is one way to fight back if you have a lawsuit due to someone else’s negligence.  If you or loved one have received a third-degree burn and want to know if you have a case for compensation call the burn injury law office of Ken Wagner Law located in Albuquerque at (505) 242-6300.  Look up the McDonald’s Hot Coffee Case…drop the mic!

How Hard is it to Prove Medical Malpractice?

It all begins with one critical question…was the provider guilty of negligence?  Just because there was a bad, unexpected outcome does not mean that negligence occurred.  And even the fact that another health care provider would have acted differently does not mean there was negligence either.

The health care provider in question is deemed negligent only if he or she has acted unreasonably; done something no reasonable health care provider would have done under the circumstances.  Whether an act (or inaction) by a health care professional is reasonable can only be analyzed based on the specific circumstances of the case.

This is all very tricky and demands that a seasoned professional team with a renowned medical malpractice attorney at its helm handles your case.  In The Great Southwest that man and that team are Albuquerque’s Ken Wagner of The Ken Wagner Law Firm.  Find out if your case has merit.  Contact The Ken Wagner Law Firm at (505) 242-6300.

Your Insurance Company Is Not Always Acting in Good Faith.

There is an understatement for sure.  Do you think that they spend millions on advertising based on their generosity?  Dealing with insurance companies after a mishap has proven to be frustrating and difficult for people in The Great Southwest.  Do you just take what they are willing to pay out…or do you fight back?

By law, insurance companies are required to investigate and then settle claims in good faith.   

Here are some examples of bad faith –

1.  Deny without a reason

2.  Not conducting a thorough investigation

3.  Dragging their feet on paying you

4.  A misrepresentation of their policies

5.  Even threatening the claimant

This time is stressful enough without being intimidating!  You can hold your insurance company liable for bad faith in court.  Insurance companies know us.  We are The Ken Wagner Law Firm located in Albuquerque New Mexico and serving all of The Great Southwest.  Our founder is an attorney who helped win the famous McDonald’s Hot Coffee Case.  Please keep our phone number handy (505) 242-6300.

2019 Friends & Lovers Balloon Rally, Albuquerque

2019 Friends & Lovers Balloon Rally

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Friends and Lovers is the second biggest Balloon Rally in the Country! Come and join us for this Free Event and experience the unbelievable sites and sounds of Hot air Ballooning.

Feb 9 - 10th, 8am

Balloon Fiesta Park - Multi-Use Facility

When to Call a Car Accident Attorney.

The short answer is immediately.  As soon as you know that you have sustained an injury you DO NOT procrastinate!  But, be careful about whom you call.  Many personal injury firms bombard the TV and radio airwaves.  These firms could be no more than “mills” that shoot for a quick settlement without fighting for your cause.

These settlement mills tend to leave money on the table at the moment of truth as they are more concerned with resolving a volume of cases each month to pay their expensive advertising budget.  The best method may well be hiring a personal injury attorney based on experience, reputation, and time spent listening to your particular side.

All of this, and much more applies to The Ken Wagner Law Firm serving Albuquerque and The Great Southwest.  If you are unfortunate enough to have been involved in a car accident on these winter roads call Ken Wagner immediately.  They will pay immediate attention to your situation.  That number is always (505) 242-6300.