Brain injuries can profoundly affect your life or that of a loved one. You could face permanent brain damage as well as emotional and financial devastation. If someone else was responsible for your injuries, you deserve justice and fair compensation for your losses.
The New Mexico brain injury lawyers of Flores, Tawney & Acosta, P.C., understand the fear and uncertainty you feel about the future. Whether you suffered your injuries in a car crash, in a semi-truck accident, in the workplace, or anywhere else, don’t trust your future to chance. We can assist you with an insurance claim or lawsuit for traumatic brain injury and help you recover the compensation you deserve.
Common Causes of Traumatic Brain Injuries in New Mexico
A closed brain injury can result any time you sustain a blow to the head or experience a strong jolt or impact to the body. Open brain injury results when an object penetrates the skull.
According to the U.S. Centers for Disease Control and Prevention (CDC), traumatic brain injuries, or TBIs, occur most commonly due to falls. Other common causes of head injuries include:
- Motor vehicle collisions,
- Motorcycle accidents,
- Bicycle accidents,
- Commercial truck accidents,
- Product defects,
- Slip and fall accidents, and
- Being struck by an object.
Although these are some of the most common ways that victims can suffer a head injury or TBI, you can pursue legal action for virtually any incident in which someone’s actions cause you to sustain harm.
Living with a Serious Brain Injury
Many TBI victims require long-term treatment and may never recover from their injury.
The Brain Injury Association of America reports that victims require a variety of resources and support after their initial inpatient treatment ends. Recovery takes weeks, months, or years—if full recovery happens at all.
Experiencing a TBI increased the likelihood of complications and chronic illnesses that include:
- Endocrine disorders,
- Dementia, and
- Parkinson’s disease.
Victims face increased risk of mortality and, on average, die earlier than people who have not sustained a serious head injury.
Cognitive decline is a common experience for TBI victims. Many victims lose the ability to form and maintain personal relationships. Many more become incapable of working or earning a living. Often, brain injury sufferers cannot care for themselves, thus requiring long-term care, either at home or at a live-in facility.
Settlements for TBIs
The cost of TBI treatment and care can stretch into the millions of dollars over the course of the victim’s life. When the wrongful actions of another party cause these injuries, it is important to hold them responsible.
Depending on the details of your case, you could be entitled to recover compensation for some or all of the following:
- Emergency medical transport and treatment,
- Physician and surgeon services,
- Medical imaging and testing,
- Hospital stays and surgeries,
- Prescription medication,
- Medical devices,
- Lost income and benefits,
- Emotional distress, and
- Pain and suffering.
You may also be entitled to compensation for your future medical treatment and care needs as well as estimated future income loss. If you sustained permanent injuries or disability, you may be able to recover compensation for diminished income capacity and diminished quality of life.
Talking to an experienced brain injury lawyer is the best way to explore your options. Your attorney can evaluate the details of your case and provide a more accurate estimate of your potential claim’s value.
What Is the New Mexico Statute of Limitations for Brain Injury Cases?
The New Mexico personal injury statute of limitations requires that you file a lawsuit for TBI within three years of the date of your injury. This limitation applies no matter what caused your head injury (car crash, slip and fall accident, etc.). If you do not take legal action within this period, you could lose your legal right to recover compensation.
Exceptions to the statute of limitations may apply in some cases. However, talking to an experienced attorney as soon as possible can help ensure you don’t lose your right to pursue a claim and recover a settlement for your damages.
Proving Liability for a Brain Injury
To recover compensation from the party or parties responsible for your injury, you must demonstrate the following legal elements.
Duty of Care
The at-fault party had an obligation to act in a reasonable manner, so as not to subject you to unnecessary harm.
Breach of Duty
The at-fault party did not uphold their duty of care, through wrongful or negligent actions. As a result, the at-fault party exposed you to an unnecessary risk of harm.
The at-fault party’s breach of duty led directly to your injury accident, making that party liable for your damages.
The key to recovering compensation for any personal injury is documenting the details of your injury and providing evidence to demonstrate the at-fault party’s negligence. An experienced attorney has access to resources necessary to make your case, including investigators, subject matter experts, accident scene reconstruction specialists, and more.
Finding a Brain Injury Attorney to Help with Your TBI Case
Having a brain injury attorney to handle your case can provide substantial benefits. An experienced lawyer understands how to document your case and your physical, emotional, and financial damages. In most cases, attorneys can negotiate a settlement with the at-fault party’s insurance carrier. Otherwise, your lawyer can file a civil lawsuit and make your case in court.
Look for a New Mexico brain injury law firm with experience in personal injury cases like yours, specifically with TBIs. This helps ensure you get the skillful and compassionate legal services you deserve.
At Flores, Tawney & Acosta, P.C., we put our skilled legal team to work for you, building the most persuasive case and fighting to get the best possible outcome for you. Before you provide a statement to the insurance company or discuss any type of settlement offer, contact us for a free case evaluation and consultation.
You don’t have to fight this battle alone. We understand what’s at stake, and we fight aggressively to recover the compensation you need to get treatment and secure your future. You never pay any legal fees until we recover a settlement or award in your case.