Las Cruces Traumatic Brain Injury Lawyer

Traumatic Brain Injury Attorney in Las Cruces, NM

Traumatic brain injuries (TBIs) can have devastating, long-term impacts on victims’ lives. Their effects may last for months, years, or even a lifetime. If you’ve suffered a TBI as a result of someone else’s negligence or violent actions, you deserve compensation to pay for ongoing medical care and make up for lost wages. Contact a Las Cruces traumatic brain injury lawyer to find out whether you have cause to file a claim.

Trust Berenson & Associates, PC

If you’re looking for a Las Cruces personal injury attorney to take on your case, look no further than Berenson & Associates, PC. Our team has been practicing personal injury law for decades, and during that time, we’ve handled numerous traumatic brain injury cases. We’re prepared to help you gather evidence, establish the amount of compensation you’re owed, and take your case to court, if necessary.

Why Hire a Traumatic Brain Injury Lawyer?

TBIs can be incredibly serious. In 2023, around 584 people died following visits to the ER for traumatic brain injuries in New Mexico, where the TBI fatality rate is 39% higher than the U.S. average. For those who survive moderate to severe TBIs, life can become difficult. Around 57% of survivors are moderately to severely disabled five years after the injury. Over half have lost their jobs, and 33% rely on others for help with daily activities.

Whether you’re facing a lifelong disability or a milder TBI with impacts that will last weeks to months, you can hire a traumatic brain injury lawyer to help you hold the person responsible for your injury accountable. Your TBI lawyer will be able to help you with everything from filing your initial claim to collecting and analyzing evidence, building a case, and, if necessary, representing you in court.

Common Causes of TBIs

Traumatic brain injuries are often the result of accidents. Common causes include:

• Automotive accidents
• Slip-and-fall accidents
• Construction site accidents
• Assault and battery
• Medical malpractice
• Sports-related injuries

In most of these cases, another party’s negligence is responsible for the victim’s TBI. When negligence is involved, victims may be eligible to file a claim and seek compensation from the responsible party or their insurance company.

Who’s to Blame for Your TBI?

Determining liability for a TBI can be complicated. It usually requires proving negligence, which could be on the part of a healthcare provider in a medical malpractice case, a driver in an automotive accident, or a property owner in a slip-and-fall accident. Determining who’s to blame for your TBI is the first step.

From there, you’ll need to prove:

1. Duty of care. You and your lawyer will have to show that the person responsible owed you a duty of care, meaning they had the responsibility to act with reasonable caution.
2. Breach of duty. Next, you’ll prove that they did not meet their obligation. This could be the case if someone was driving recklessly, failed to fix a damaged sidewalk in front of their store, or did not provide the level of care reasonably expected of a medical professional.
3. Causation. Next, you’ll show that the individual’s actions, or lack thereof, directly caused your injury.
4. Damages. Finally, you’ll have to provide evidence that you suffered measurable harm as a result of your injury.

Proving negligence is much easier with the help of a skilled Las Cruces traumatic brain injury attorney. Your attorney will know what types of evidence to seek out to prove each element of your case.

Symptoms of a TBI

Showing that you have a TBI can be a challenge because many of the symptoms are subjective and aren’t visible on medical imaging. You should keep a detailed log of all your symptoms, which can include:

• Short-term unconsciousness or coma
• Memory loss
• Mood issues
• New mental health problems
• Numbness or tingling
• Impairment of movement, including possible paralysis
• Personality changes

You may need evaluation by a specialist, such as a neurologist or neuropsychologist from UTEP/Texas Tech Health Sciences Center, to diagnose and assess the severity of your TBI.

FAQs About TBI Injuries in Las Cruces, NM

What Is the Average Settlement for a Traumatic Brain Injury?

There is no average settlement for a traumatic brain injury. Every case is unique. If your TBI was minor and its symptoms resolved relatively quickly, allowing you to go back to work within a few days, you’ll get less compensation than someone who suffered a severe TBI that led to a permanent disability.

How Long Does a TBI Claim Take?

How long a TBI claim takes depends on the particulars of the case in Las Cruces, NM. If your case is extremely complicated or needs to go to trial to be resolved, it will take longer than a simple claim that gets resolved through pre-trial settlement negotiations. For cases that go to trial, complexity and a need for many witnesses, including expert witnesses, can prolong the process.

Is a TBI Hard to Prove?

Yes. A TBI is hard to prove. The symptoms may be subtle, and they may not come on immediately after the injury. Some symptoms, like headaches, fatigue, and mood changes, are completely subjective. Insurance companies often dispute claims by saying that the victims are exaggerating. Providing imaging, neuropsychological testing, and testimony from experts can help you prove the severity of your TBI.

Is a Severe TBI a Permanent Disability?

A severe TBI is a permanent disability. It can cause lifelong cognitive, emotional, physical, and behavioral changes that cause difficulty with daily functioning. Many people with severe TBIs require ongoing care and support services. People who suffer severe deficits from their TBIs often qualify for Social Security Disability benefits in addition to pursuing compensation from liable parties.

Your Las Cruces Traumatic Brain Injury Lawyer

If you’ve suffered a TBI due to someone else’s negligence or intentional misconduct, you should contact a Las Cruces traumatic brain injury lawyer as soon as possible. The team at Berenson & Associates, PC, has decades of experience handling complex TBI claims. We are prepared to fight for the compensation you deserve. Contact us today to schedule your initial consultation.