Elicia Montoya
Top rated Personal Injury attorney in Albuquerque, New Mexico
McGinn, Montoya, Love, Curry & Sievers
Practice areas: Personal Injury, Medical Malpractice; view more
Licensed in New Mexico since: 2000
Education: The University of New Mexico School of Law
Languages spoken: English, Spanish
Call today:
505-843-6161
McGinn, Montoya, Love, Curry & Sievers
201 Broadway Blvd SEAlbuquerque, NM 87102 Visit website
As a partner at McGinn, Montoya, Love, Curry & Sievers, Elicia Montoya specializing in wrongful death, catastrophic injury, trucking, and medical malpractice cases. She has successfully tried cases in State and Federal courts throughout New Mexico and has obtained some of the largest settlements and verdicts in New Mexico. She teaches trial skills across the Country and has served as an adjunct Professor at the University of New Mexico School of Law.
Ms. Montoya received her Bachelor of Arts in Government from the University of Notre Dame in 1996. She earned her Juris Doctor in 1999 from the University of New Mexico School of Law, with Clinical Honors and after receiving the Margaret Keiper Dailey award for commitment to social justice. In 1999, she was a law clerk to the Honorable James J. Wechsler at the New Mexico Court of Appeals. She joined her current firm in 2000.
In addition to her work for clients regarding cases involving catastrophic injury and wrongful death, Ms. Montoya also volunteers in her community. From 2004 to 2007, she was a Mayoral appointee to the ethics review board of the City of Santa Fe. She also serves as a Hearing Officer for the New Mexico Disciplinary Board.
Ms. Montoya is licensed to practice law in New Mexico and before the U.S. District Court for the State of New Mexico. She is a member of the New Mexico Trial Lawyers Association, where she is also a Board Member. She is also a member of the American Association for Justice. She has an AV Preeminent* rating from her peers through Martindale-Hubbell.
* AV®, AV Preeminent®, Martindale-Hubbell Distinguished, and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
Practice areas
Personal Injury - General: Plaintiff, Personal Injury - Medical Malpractice: PlaintiffFocus areas
Birth Injury, Brain Injury, Construction Accident, Delayed or Incorrect Diagnosis, Medical Malpractice, Motor Vehicle Accidents, Premises Liability - Plaintiff, Sexual Abuse - Plaintiff, Trucking Accidents, Wrongful Death
- 80% Personal Injury - General: Plaintiff
- 20% Personal Injury - Medical Malpractice: Plaintiff
First Admitted: 2000, New Mexico
Professional Webpage: https://www.mcginnlaw.com/attorneys/a-elicia-montoya/
Bar / Professional Activity
- Equal Access to Justice Board Member. (2025-Present) Equal Access to Justice provides unrestricted, noncompetitive funds to New Mexico civil legal aid organizations. , 2026
- Hearing Officer, New Mexico Disciplinary Board of the NM Supreme Court , 2026
- Trustee for the Santa Fe Preparatory School in Santa Fe, N.M. Board Chair
- New Mexico Ethics Review Board, Hearing Officer
- American Association for Justice
- New Mexico Trial Lawyers Association, Board Member, 2026
- New Mexico Trial Lawyers Association, Member, Board of Directors, 2000 - Present, 2026
- NM State and Federal District Courts
Verdicts / Settlements (Case Results)
- Hospital corporation's failure to properly train and supervise lab technicians resulting in the mishandling and mislabeling of biopsy tissue specimens. The mislabeling caused a patient who did not have cancer to be informed in error that he did have cancer and he underwent the needless removal of his prostate gland resulting in incontinence and impotence. The case resolved for a confidential amount. , 2022
- Failure to properly label specimen containers after biopsy resulting in a patient's cancer not being timely diagnosed or treated. The case resolved for a confidential amount. , 2023
- Bowel obstruction ignored even as patient continued to vomit fecal matter. The hospital corporation failed to ensure proper communication between and among the various providers and ultimately, our client's husband went into respiratory and then cardiac arrest after fecal matter obstructed his airway. He died after nearly 2L of fecal matter were suctioned from his airway. The case resolved for a confidential amount. , 2019
- Patient was improperly discharged from the hospital while having an aortic dissection. She died hours later at home in bed with her husband. The case resolved for a confidential amount on the eve of trial. , 2023
- Trucking crash resulting from the failure of a trucking company to properly train and supervise drivers and from the driver's failure to operate a semi-truck and its trailer safely. The conduct of the trucking company and its driver resulted in the death of a child and caused serious and permanent injuries to the other passengers in the vehicle. The case resolved for a confidential amount. , 2018
- Chiropractic manipulation resulting in vertebral artery dissection, ischemic stroke and death. The case resolved for the maximum amount of coverage available. , 2023
- Failure to diagnose heart attack in a woman because of the refusal to take her symptoms and reports of pain seriously. Resulting in a verdict of $9 million and appeal and then ultimately the case was resolved by the parties. , 2019
Representative Clients
- We represented a young woman who was sexually assaulted on her college campus at a college that had a pattern of criminal conduct on campus. The University failed to conduct a timely investigation and continued its reckless conduct in perpetuating criminal conduct on campus. The case was litigated and ultimately resolved for $1,000,000.00 when the University agreed to implement mandatory sexual assault training on an annual basis for all students. The case was also settled against the assailant on confidential terms. , 2025
- I represented a young man who sustained a traumatic brain injury and nearly lost his life in a roadway crash with a semi-truck that had failed to stop at a stop sign. The case settled with the trucking company, but the State Highway Department refused to see its own culpability in failing to maintain the signage and warnings in proper condition. We took the highway department to trial. The jury found our client's damages to total $25,567,103.37 and apportioned 30% of the fault to the highway department. Our client and his family were vindicated and were thrilled that the jury held the highway department accountable for its own share in contributing to cause this devastating crash. They were also thrilled to have effectuated change as the highway department finally fixed the roadway and added in the appropriate signage to the area. , 2025
Pro bono / Community Service
- City of Santa Fe Commissioner appointed by my City Councilor to serve the City by making recommendations along with my fellow Commissioners regarding suggested modifications to the City Charter (the Constitution of our City)
- New Mexico Activities Association- Board Member , 2026
- I serve as a Hearing Officer for the New Mexico Disciplinary Board. I have served in this capacity for well over a decade. I review cases and also serve to make recommendations to the Disciplinary Board regarding attorney discipline. , 2025
- I am a mentor with the New Mexico State Bar. We apply to be mentors and then, once approved, are paired with young lawyers to provide career and case support. , 2025
- Notre Dame Hesburgh Woman of Impact-(2024-Present) I mentor young women at the University of Notre Dame to provide academic and career support throughout the year. I review resumes, internship applications and essays to help ensure these remarkable women obtain careers in their chosen fields. , 2026
- Pegasus Legal Services for Children, Member, Board of Directors 2004 - 2007
- City of Santa Fe - Ethics Review Board, Mayoral Appointee , 2004 - 2007
Educational Background
- University of Notre Dame, B.A., Government, 1996
Scholarly Lectures / Writings
- Taught trial skills to law students as part of their Evidence and Trial Practice class. , Adjunct Law Professor, University Of New Mexico Law Students
- Invited speaker to educate attorneys on trial skills , Presenter, When the Defense Drives your Damages, New Mexico Trial Lawyers' Association -Daniel Rivera, New Mexico Trial Lawyers' Association, 2026
- Lecturer and Panelist - Addressing and Preventing Violence Through the Intersection of Law, Policy and Community Collaboration , Presenter/Panelist, 5th Annual Women in the Law Symposium, nmdoj.gov, New Mexico State Bar, 2026
Other Outstanding Achievements
- Top 10 Trucking Lawyer by the National Trial Lawyers , 2025
Honors
- Hesburgh Woman of Impact, University of Notre Dame
- Southwest Super Lawyers, www.superlawyers.com, 2026
- SuperLawyers Rising Star
- Margaret Keiper Dailey Award for Social Justice, Clinical Honors, 1999
- Top 100 Trial Attorneys, National Trial Lawyers
- AV rated by peers at highest level of professional excellence, Martindale Hubbell-Preeminent
- Top 25 Medical Malpractice Trial Lawyers, Attorney, National Trial Lawyers, 2017
Industry Groups
- Catastrophically injured individuals and their families
These comments were made by fellow attorneys during the annual nomination process.
“Ms. Montoya is an outstanding attorney in all respects. I have not encountered a lawyer more tenacious in her pursuit of justice for her clients, or a lawyer more persuasive to a jury.”
“Ms. Montoya is an outstanding plaintiffs' personal injury attorney.”
“Elicia is the most talented and fearsome plaintiff's litigator in the state. Elicia's ability to connect with jurors and to simplify the most complex issues is remarkable. She has achieved incredible trial results, including a recent $25 million verdict for her clients, in the most complex and vigorously contested cases. Elicia possesses the intelligence, creativity, and analytical ability to develop and effectively try any type of case, as demonstrated by her long history of trial verdicts across multiple practice areas.”
Selections
- Super Lawyers: 2015 - 2026
- Rising Stars: 2012 - 2014
Additional sources of information about Elicia Montoya
"Ask a Lawyer" answers provided by Elicia Montoya
- Q: Can Sexual Abuse Survivors File A Civil Lawsuit In New Mexico?
A: Sexual abuse survivors can file a lawsuit in New Mexico and many have done so in order to hold the perpetrators and those who enabled them … - Q: What Steps Do I Take To File A Wrongful Death Lawsuit In New Mexico?
A: To file a Wrongful Death Action, you should contact an attorney with experience in these kinds of cases. A Personal Representative will need to be … - Q: What Steps Should I Take If I’m Hurt In A Car Wreck In New Mexico?
A: If hurt in a car wreck, you should call the police and seek and obtain medical attention immediately. You should also contact an attorney to ensure … - Q: What are the main causes of birth injuries during the labor and delivery process in New Mexico?
A: Some of the main causes of birth injury during the labor and delivery process are the failures to properly staff the units with individuals trained …