Common Causes of Traumatic Brain Injuries
According to the Centers for Disease Control and Prevention, 2.8 million Americans sustain a traumatic brain injury every year. As you can imagine, traumatic brain injuries can happen in virtually any unfortunate incident. However, certain accidents cause TBI’s more frequently. Some of the more common accidents in Albuquerque that produce brain damage include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Defective products
- Premises liability accidents
- Medical malpractice
- Nursing home abuse
- Work injuries
- Construction accidents
These are only a few of the different accidents that could cause a traumatic brain injury. If you were seriously injured in another type of accident not described above, you may still have grounds for a case. The best way to find out is by contacting our office to discuss your specific details.
When to Call a Brain Injury Attorney
Many injury victims are hesitant to contact a lawyer because they don’t know whether they have a case. So if you are lying in your Kindred Hospital Albuquerque bed or wondering what to do next when a loved one suffered a TBI in an accident, ask yourself:
- Is someone else responsible?
- Are my injuries going to impact my life severely?
If you can answer “Yes,” you should certainly explore your legal options for financial recovery with an Albuquerque brain injury lawyer. And if you aren’t sure what the answers to these questions are, a lawyer can help you find out.
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Compensation for Brain Injury Damages
The life-long costs of dealing with a significant TBI in New Mexico can be staggering. You may be unable to work in the same career you had before the accident or require considerable care for the rest of your life.
If another’s negligence caused your TBI, you have the right to be repaid for every single loss and damage you endured. This includes your economic damages and non-economic damages.
Economic and Non-Economic Damages
Economic damages refer to your monetary losses. These are often the most common losses and include:
- Loss of income
- Medical expenses (both current and future)
- Medical equipment
- Childcare expenses
- Household maintenance costs
- Property damage
- Diminished earning potential
But non-economic damages consist of the other ways that your life has been negatively affected. Some examples of non-economic damages include:
- Lost quality of life
- Loss of closeness and love
- Physical pain
- Mental anguish
You will need to work closely with your lawyer to account for each loss if you hope to be awarded maximum compensation for your suffering.
Punitive damages are unlike the compensatory damages you deserve. While rarely awarded, the court may determine that you should be paid punitive damages if it finds the liable party’s actions to be egregious or grossly negligent.
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Brain Injury FAQ
No one ever anticipates a brain injury, and it is normal to have a lot of questions. However, with so much at stake, you deserve answers about your recovery and your legal options. At Begum & Cowen Injury & Accident Lawyers, our brain injury attorneys want to ensure your questions get answered.
What is a Traumatic Brain Injury?
A traumatic brain injury, or TBI, is an injury that affects how the brain works, caused by a blow, jolt, or penetrating injury to the head. There are three main types of TBI:
- Mild TBI or concussion
- Moderate TBI
- Severe TBI
Is there a deadline for filing a brain injury claim?
Yes. If you are hoping to file a civil brain injury lawsuit in Albuquerque civil courts, you will need to make sure that your lawsuit is filed before the statute of limitations runs out. If you are going to be filing a lawsuit for any personal injury claim within the state of New Mexico, you have approximately three years from the date of the accident to get your claim filed.
To protect yourself, it is critical that you have an experienced Albuquerque brain injury attorney on your side who will be well aware of the deadlines that matter.
Should I give the insurance company a statement?
The insurance company will be looking for every chance they can find to reduce the amount that they will be required to pay you. When the insurance company asks you for a statement, they look for ways to twist your words to make it appear as though you have admitted fault for the accident. Sharing fault will reduce the amount of your injury settlement. So if the insurance company can get away with that, they will be able to pay you less in your claim. Fortunately, your Albuquerque brain injury lawyer will be ready to negotiate with the insurer to obtain a fair and reasonable settlement.
What if I’m partially at fault for my brain injury?
New Mexico follows a pure comparative negligence doctrine. This means that even if you share fault for an accident, you can be awarded compensation. With that being said, you can expect sharing fault to have an impact on your injury settlement. The amount of fault you carry is the amount that your claim will be reduced by. If you were to be, say, thirty-five percent at fault for the accident, you could expect your injury settlement to be reduced by thirty-five percent.