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 Santa Fe, New Mexico law generally gives you three years from the date of the accident to file a traumatic brain injury lawsuit in civil court. Working with an experienced Santa Fe brain injury attorney ensures your claim is filed on time and your rights are fully protected.

Should I give the insurance company a statement?

In Santa Fe, insurance companies often ask for statements hoping to use your words to shift blame and reduce what they have to pay. To protect yourself, let an experienced Santa Fe brain injury lawyer handle all communication and negotiations so you can 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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The brain is the most complex organ in the human body. It controls movement, thoughts, emotions, and every function that makes us who we are. When any part of the brain is injured, the consequences can be life-altering. If someone else’s negligence caused your traumatic brain injury (TBI), you may be entitled to financial compensation under New Mexico law.

You deserve justice for what you or your loved one has endured. With over $1 Billion recovered, the experienced Santa Fe 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 with a trusted Santa Fe traumatic brain injury lawyer.

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Common Causes of Traumatic Brain Injuries

According to the Centers for Disease Control and Prevention (CDC), approximately 2.8 million Americans suffer a traumatic brain injury (TBI) each year. TBIs can occur in many different types of accidents, but some incidents are more likely to cause brain damage than others. In Santa Fe, common causes of traumatic brain injuries include:

Car accidents on local roads like St. Michaels Drive or St. Francis Drive
Truck and commercial vehicle accidents
Motorcycle crashes
Pedestrian and bicycle accidents
Bus and public transportation accidents
Slip-and-fall accidents
Defective or dangerous products
Premises liability accidents on unsafe property
Medical malpractice
Nursing home abuse or neglect
Workplace and construction site accidents

These are only some of the many ways a traumatic brain injury can occur. If you or a loved one suffered a serious head injury in an accident not listed above, you may still have a valid claim. The best way to understand your legal options is to speak directly with a Santa Fe traumatic brain injury lawyer about the details of your case.

When to Call a Brain Injury Attorney

Many injury victims hesitate to contact a lawyer because they’re unsure whether they even have a case. If you’re recovering in a Santa Fe medical facility like CHRISTUS St. Vincent Regional Medical Center or Presbyterian Santa Fe Medical Center, or trying to figure out what to do after a loved one suffered a traumatic brain injury (TBI), ask yourself:

Is someone else responsible for what happened?
Will these injuries significantly impact my life or my loved one’s future?

If you can answer “yes” to either question, it’s worth exploring your legal options with a Santa Fe brain injury lawyer. And if you’re unsure of the answers, an experienced attorney can review the facts, investigate the accident, and help determine whether you have a valid claim for compensation.

Compensation for Brain Injury Damages

The lifelong costs of living with a serious traumatic brain injury (TBI) in Santa Fe and throughout New Mexico can be overwhelming. You may be unable to return to the same career you had before the accident, or you may require long-term medical care, therapy, and daily assistance for the rest of your life.

If someone else’s negligence caused your TBI, New Mexico law allows you to pursue compensation for every loss and hardship you’ve suffered—both financial and personal. This includes economic damages and non-economic damages tied to the impact the injury has had on your life.

Economic and Non-Economic Damages

Economic damages cover your measurable financial losses, such as:

Lost income and wages
Medical expenses (past, current, and future treatment at Santa Fe-area facilities)
Rehabilitation and medical equipment
Childcare expenses
Household maintenance or in-home care costs
Property damage
Reduced or diminished earning capacity

Non-economic damages reflect the ways a brain injury affects your daily life and well-being, including:

Loss of quality of life
Loss of companionship, closeness, and love
Physical pain and suffering
Mental anguish and emotional distress
Ongoing inconvenience or disruption to daily living

To recover full compensation, you and your Santa Fe brain injury lawyer must carefully document how the injury has changed every aspect of your life.

Punitive Damages

In rare cases, punitive damages may also be available. These damages are not meant to compensate you for losses but to punish especially reckless or grossly negligent conduct—such as drunk driving or intentional misconduct—and to deter similar behavior in the future.

An experienced Santa Fe traumatic brain injury attorney can evaluate whether punitive damages may apply in your case and fight for the maximum recovery allowed under New Mexico law.

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