Practice Areas:   Examples

"Big Rigs": With the explosion of trucks on America's highways, literally and figuratively, accidents between automobiles and semi-trailer trucks are on the rise. Many of these accidents result in major injuries.  Compliance with state and federal requirements and modern technology such as “black boxes” and satellite tracking are often central to establishing liability for damages caused when collisions with these “big rigs” occur.   We are knowledgeable about the trucking industry and the federal regulations governing them, which helps us assist our clients who have been injured by their practices. 

Business and Commercial Litigation: We have substantial experience in initiating and defending various business and commercial disputes.  We handle claims that range from simple real estate or contractual disputes to more complicated claims involving partnerships, joint ventures, banking, insurance or the control of a business.  From negotiations to drafting to final review, each stage of contract development is important in obtaining the goals of the parties.

Claims Against Governments: Claims against all City, County, State and Federal Governments.

Construction Law or Defects: Our practice includes a significant amount of construction-related litigation.   We largely represent property and homeowners including their associations.  We have handled litigation involving many defects in construction including improper soil excavation or preparation, construction of foundations, framing, roof construction, window installation, soil subsidence or erosion, as well as contract and indemnity issues. These areas include Construction Defects, Contracts, Warranties, Liens, Zoning, Variances.  Complex Civil Litigation.

Consumer Law: Our clients work hard for their money and will not allow themselves to be cheated with bad products or in one-sided business transactions. We have intimate knowledge of the federal and state laws designed to protect consumers and have on many occasions helped clients achieve satisfaction through litigation and alternative dispute resolution.  We have represented clients in claims based on unfair or deceptive trade practices, fraud and shoddy contract work.   

Examples include home, auto, mobile home, & other major purchases.  Unfair trade practices in the purchase of goods or services and warranty violations are areas of our practice.

Corporate Law:  Review, negotiate, evaluate and enforce contracts of all types. Complex litigation in the Corporate arena, including collections on behalf of corporations and employer/employee disputes.  Representation of Creditors in Bankruptcy matters. 

Criminal Defense: All Misdemeanor and Felony Cases.  Federal, Tribal, State, Municipal, Metropolitan and Magistrate Courts including DWI and Domestic Violence.

Criminal Defense / DUI / DWI / Traffic Violations:  Our firm has extensive experience defending the rights of people arrested and accused of criminal offenses. We handle all types of criminal cases, including minor infractions and misdemeanors and the most serious felony indictments including murder, domestic violence, drug possession, narcotics sales, theft and grand larceny, white collar fraud, embezzlement, sex offenses, arson, conspiracy, and all other crimes.  We practice in all area courts including Tribal Courts, Magistrate and Metropolitan Courts, State District Court and Federal Court.

Dog Attacks: Thousands of innocent people every year are bitten, seriously injured and even killed because of dog attacks. Many dog breeds are capable of causing serious injury and even death. On average, at least ten to twenty people die each year as a result of dog attacks in the United States. Unfortunately the majority of the victims are children. Each year there are more than 850,000 dog bites requiring medical attention and over four million dog bites ranging from minor nips to serious dog maulings resulting in serious bodily injury and even death.  If you have been bitten by a dog, you may have the right to recover your damages.   

We aggressively pursue dog attack victims’ rights to compensation for all injuries and damages connected with the dog bites. Dog bite injury often extends beyond the physical injury and damage. Often there is emotional and psychological trauma associated with dog bites and dog attacks.  Costs of treatment for the dog bites are often very high and the prospect of permanent scarring very real. Dog bite treatment includes emergency room visits, sometimes hospitalization, psychological treatment and often plastic surgery. If the victim of the dog attack was working, some of the damages we may pursue are lost wages, loss of present and future earning capacity and pain and suffering.

Homeowners’ liability insurance coverage for dog bites: If the owner of the vicious dog owns a home, in most cases, liability for dog bites and dog attacks is covered by a homeowners’ insurance policy.

Domestic Relations/Family Law: Divorce, Legal Separation, Annulment, Domestic Violence, Custody/Timesharing, Child Support,, Visitation, Adoption, Kinship/Guardianship, Post-Decree Enforcement, Interstate Family Law.

Elder Law: This area of our practice focuses on the special legal needs and concerns of those over sixty. The firm can assist with wills, living wills, general and durable powers of attorney, and other documentation. The firm is dedicated to making sure that your wishes are followed and that your loved ones are protected.  Services in Elder Law include:  
• Guardian Ad Litem services
• Wills/Living Wills/Trusts  
• Health Care Powers of Attorney  
• Durable Powers of Attorney 
• Guardianship/Conservatorship 
• Transfer on Death Deeds

ERISA Claims:  If you have had a claim for benefits (such as Long-Term Disability) under a group policy from your employer, your claim is governed by ERISA (the federal Employee Retirement Income Security Act).  The ERISA law is complex. Remedies available under other laws are not available to claimants under ERISA (such as punitive damages and jury trials). The Carter & Valle Law Firm has handled numerous ERISA claims at all levels of representation, from pre-denial consultations and administrative appeals through federal court litigation and Circuit Court appeals.

Family Law: Our family law practice, headed by former Judge Kathleen Carter, provides experienced and practical representation over a wide range of family law matters.  We are proficient in the courtroom, but often use mediation or arbitration to resolve disputes efficiently.  We often involve other professionals including valuation experts, tax experts, and mental health professionals in a team approach to achieve clients’ goals.  Our representation is aggressive, ethical and focused on providing close personal service.  

The firm’s family law practice includes:  
• Dissolution of Marriage/Legal Separation 
• Identification, Valuation and Division of Property in Complex Estates 
• Valuation and Distribution of Retirement Plans, Stock Options and other Economic Interest 
• Tracing and Characterizing Separate and Community Property 
• Child Support and Subsequent Modifications 
• Child Custody and Subsequent Modifications 
• Paternity 
• Maintenance and Vocational Issues 
• Cohabitation Relationships 
• Adoption 
• Post decree enforcement

Government and Municipal Liability: The Carter & Valle Law Firm has extensive experience in representing clients against governmental entities and municipalities in personal injury suits and other tort liability cases. Our attorneys are well versed in all aspects of potential governmental liability and the defenses governments and municipalities may raise under the New Mexico Tort Claims Act and Federal Tort Claims Act.

Insurance Law:  Claims Against Insurance Companies 
• Bad Faith 
• Unfair Insurance Trade Practices 
• Coverage Issues/Denied Claims

Medical Malpractice / Medical Negligence / Nursing Home Negligence: Medical mistakes are responsible for between 48,000 and 100,000 unnecessary deaths each year, according to the Institute of Medicine.  Medical malpractice occurs when a healthcare provider - doctor, hospital, HMO, nurse, chiropractor, therapist or other individual or entity licensed to provide medical care or treatment fails to do what a competent doctor would have done, resulting in injuries, disabilities, or birth defect.  If you or a loved one may have been a victim of medical malpractice or negligence, contact The Carter & Valle Law Firm immediately to preserve your rights.

Personal Injuries: Vehicle Collisions, Animal Attacks, Slip and Fall Injuries, Wrongful Death, Faulty Design/Maintenance issues.

Premises Liability:  Owners and occupiers of buildings and land have certain duties to prevent injuries to those who enter upon their property. We have represented clients in pursuing claims involving retail establishments, home and apartment owners and other public and business facilities.  Such claims may arise from improper or inadequate design, maintenance or security of the building, parking lot or other areas.  Privately owned as well as governmental facilities may be involved.  Defects may also be based on latent defects, attractive nuisance or other theories.

Unfair Insurance Practices: We represent our clients in disputes with insurance companies under all types of first and third party policies from simple auto liability cases to complicated extra-contractual claims and declaratory judgment actions. These issues include the insurance company’s duty to pay, defend and indemnify.    

Automobile insurance issues such as Uninsured or Underinsured Motorist issues, stacking, offsets, permissive use, covered vehicles and excess coverage are common areas of concern for our clients.   

Insurance companies process claims every day.  The typical claimant or insured is unfamiliar with that process until a loss occurs, giving the insurance company a huge advantage.  Without understanding the policy, coverage, exclusions and interpretations, the insured feels helpless when presented the carrier's interpretation and settlement offer. This can lead to a settlement for far less than what the policy provides or the claim is worth.  We know the claims process and how to challenge the large insurance companies.

Vehicle Collisions:  We represent clients for injuries and damages that occur in vehicles under a wide range of circumstances including:   Rear End Collisions, Intersection Accidents, Hit and Run Accidents, Car Accidents Involving Passenger Injuries, Car Accidents Involving Driver Injuries, Motorcycle Accidents, Pedestrian Accidents, Hit And Run Drivers, Uninsured Motorist Issues, Drunk Driver Accidents, Motorcycle/Bicycle Accidents And Boat/Truck Accidents   Vehicle Damage and Rental Car Arrangements are handled without charge as part of any injury case.

Wills, Estate & Probate Law:  Wills, Guardianships, Estate and Probate Actions in Probate and State District Courts.