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. In New Mexico, you generally have three years from the date of the accident to file a traumatic brain injury or other personal injury lawsuit, including cases filed in Albuquerque courts. Working with an experienced New Mexico brain injury attorney helps ensure all deadlines are met and your right to compensation is protected.

Should I give the insurance company a statement?

In New Mexico, insurance companies often try to reduce what they pay by using your statements to shift blame and lower your settlement. A New Mexico brain injury lawyer can handle all communications and negotiations to protect your rights and pursue the full compensation you deserve.

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.

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With thousands of satisfied clients, our New Mexico brain injury attorneys have what it takes to fight for your rights.

The brain is the most complex organ in the human body, controlling movement, thoughts, emotions, and every aspect of who you are. When a traumatic brain injury (TBI) occurs, the effects can be life-changing. If someone else’s negligence caused your brain injury in New Mexico, you may be entitled to financial compensation for your medical care, lost income, and long-term challenges.

You deserve justice for what you or your loved one has endured. With over $1 billion recovered, the experienced New Mexico brain injury attorneys at The Law Giant Injury Lawyers are ready to fight for the compensation you deserve. Call (505) 900-0000 or contact us online to schedule a free consultation today.

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Common Causes of Traumatic Brain Injuries

According to the Centers for Disease Control and Prevention, 2.8 million Americans suffer a traumatic brain injury (TBI) each year. In New Mexico, TBIs can occur in many types of accidents, but some incidents are more likely than others to cause serious brain damage. Common causes of traumatic brain injuries across the state include:

These are just some of the situations that can lead to a traumatic brain injury. If you or a loved one suffered a serious head injury in another type of accident anywhere in New Mexico, you may still have a valid claim. The best way to find out is to contact our office and discuss the details of your situation with an experienced brain injury attorney.

When to Call a Brain Injury Attorney

Many injury victims across New Mexico hesitate to contact a lawyer because they’re unsure whether they have a case. If you’re recovering in a hospital in Albuquerque or elsewhere in the state—or trying to figure out what to do after a loved one suffered a traumatic brain injury (TBI)—ask yourself two important questions:

Was someone else responsible for the accident?
Will these injuries have a serious, long-term impact on my life?

If you can answer “yes” to either question, it’s worth exploring your legal options for financial recovery with a New Mexico brain injury lawyer. And even if you’re unsure, an experienced attorney can review the facts, explain your rights under New Mexico law, and help you determine whether you have a valid claim.

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
Nuisance

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

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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