Albuquerque Traumatic Brain Injury Lawyer

Traumatic Brain Injury Attorney in Albuquerque, NM

Suffering From A TBI? Call 505-243-4400

Brain injuries can range in severity, from those that can heal over time to permanent ones. If you or a loved one has recently been injured in an accident, check whether you may have sustained a brain injury. Some are not immediately recognizable, and diagnosis is often delayed in these cases. Working with an Albuquerque traumatic brain injury lawyer can help you navigate New Mexico’s complex legal process.

Hire a Traumatic Brain Injury Lawyer to Discuss Your Case Details

It is important that you see your doctor immediately the moment you notice symptoms. Our Albuquerque traumatic brain injury lawyer at Berenson & Associates is ready to help you file a legal claim for compensation. Our consultations are free for victims living in Albuquerque and the surrounding areas in New Mexico.

With over 25 years of professional experience, founding partner Rachel Berenson has made it her mission to help those suffering due to the action or inaction of another party. You deserve justice for what you’ve experienced. Let our skilled team be the ones to help.

Common Causes Of TBI

The longer a brain injury is left untreated, the more severe the condition. Talk to a traumatic brain injury attorney if you are experiencing any of the following TBI symptoms:

• Vision loss
• Difficulty with speaking, reading, and writing
• Sensory loss
• Headaches or neck pain
• Dizziness or loss of balance
• Feeling tired or abrupt mood changes

Sometimes, untreated concussions can develop into traumatic brain injuries in Albuquerque, New Mexico. In many cases, auto accidents are the primary cause of head trauma and brain injuries, as well as slip and fall and unsafe work environments. Brain injuries can also result from or be complicated by:

• Penetration injury, when a foreign object enters the brain
• Recurrent traumatic injury, when a second head injury occurs after the initial injury
• Coup-Contrecoup injury, when an injury is found at the site of impact and the opposite side of the head
• Diffuse axonal injury, caused by shaking or rotating the head

Life After a Traumatic Brain Injury

Many traumatic brain injuries require intensive medical treatment. You may no longer be able to enjoy the hobbies you love or work again. Your personality may even change, as well as your relationships. On top of this, you may face increasing medical bills, treatments, and rehabilitation costs.

If another party was the cause of your traumatic brain injury, you may be able to open a personal injury case against them. To be prepared for the long road ahead, you need to hire a traumatic brain injury lawyer to help guide you through your legal case. They can take on the brunt of your case, so you can focus on rest and recovery.

Long-Term Effects of TBI

TBI can be caused by a variety of incident types, such as:

1. Motor vehicle accidents
2. Workplace accidents
3. Slip and fall accidents
4. Criminal acts
5. Birth injuries
6. Medical malpractice
7. Nursing home abuse and neglect

After experiencing a moderate to severe traumatic brain injury, a victim’s life is nine years shorter than that of someone without a traumatic brain injury, according to the US Centers for Disease Control and Prevention. Victims may experience long-term side effects after the initial recovery process and even have a greater chance of developing certain diseases. These can include:

• Depression
• Seizures. Victims of moderate to severe traumatic brain injuries are 50 times more likely to experience seizures, compared to those without one.
• Fatigue
• Parkinson’s Disease
• Alzheimer’s Disease
• Dementia
• Pneumonia. Victims of moderate to severe traumatic brain injuries are six times more likely to develop pneumonia, compared to those without one.
• Headaches
• Cognitive decline

A moderate to severe traumatic brain injury can mean increased symptoms five years after the initial injury. About 50% experience further decline or pass away within those five years. Only 26% of victims improved. These complications can lead to mounting medical costs and lost income if you’re unable to work after your injury. Victims of traumatic brain injuries can pursue compensation if their condition was caused by another party.

Evidence to Gather for Your Personal Injury Claim

Having extensive evidence is key to increasing your chances of success in your personal injury claim. Courts rely on the evidence both sides provide to make their final decision. If the other party involved in the case has more evidence leaning in their favor, it can make it difficult to prove what really happened to you and make it more difficult to recover compensation for your injuries. Your lawyer can help explain what to gather and help preserve:

1. Testimony from anyone who witnessed the incident happen. Your attorney needs to collect this statement early on, as eyewitness memories tend to fade and alter quickly after events occur.
2. Testimony from professionals about what they believe caused your traumatic brain injury
3. Copies of any incident reports, such as an incident report after a car accident or workplace accident
4. Copies of your medical records that detail your physical condition at the time of the incident and during your recovery process
5. Proof of your financial losses, such as lost income due to missing work from your traumatic brain injury, and the extent of your medical bills
6. Proof of your emotional losses, such as a doctor’s letter from your therapist about your mental state since the initial incident
7. Photos and videos of the incident site to help prove the severity of what happened. These can be photos of a hazard that led to your traumatic brain injury or photos of a car accident site to show the extent of damage caused by the crash.
8. Photos and videos of any other visible injuries, such as bleeding from the head
9. Photos and videos of damage to your personal belongings, such as a cell phone, car, or clothing. This proof can help you recover compensation for the damage to your items.
10. Surveillance footage that caught the incident on tape. This needs to be gathered as quickly as possible, as many surveillance camera footage tapes over themselves after a short period of time.
11. Other proof that can provide clarity to the court about what happened to you

FAQs About Traumatic Brain Injuries in Albuquerque, NM

What Is the Deadline to File My Personal Injury Case in New Mexico?

The deadline to file your personal injury case in New Mexico is typically three years from the date of the incident. For residents of Albuquerque, this can be filed at the Bernalillo County Courthouse, located at 400 Lomas Boulevard Northwest. Filing early is key to increasing your chances of success. If you fail to file within the proper deadline, the court is likely to dismiss your case, and you won’t be able to hold the wrongdoer accountable for their actions.

What Compensation Can I Recover in My TBI Case?

The amount of compensation you can recover in your TBI case varies, depending on who was at fault, the severity of your injuries, and the extent of your losses. Victims can request damages to help them recover compensation for their financial and emotional losses.

Economic damages help recover compensation for medical bills, lost income, and damage to any personal belongings. Non-economic damages help recover compensation for pain and suffering, loss of enjoyment of life, disfigurement, and disability.

What Are Punitive Damages in a Traumatic Brain Injury Case?

In a traumatic brain injury case, punitive damages are a specific type of third-party damage that may be requested if the responsible party acted with extreme negligence or malice. These damages help further compensate the victim and work to protect future potential victims.

For example, if a drunk driver hit you and caused your traumatic brain injury, they may be ordered to pay punitive damages as further punishment and to deter similar actions from happening again in the future.

What Are New Mexico’s TBI Laws Surrounding Fault?

New Mexico’s TBI laws surrounding fault help determine how much compensation to award the victim and who should pay it. Courts assign everyone involved in the incident a percentage of fault. Any compensation awarded to you can be reduced by your percentage of fault.

For example, if you’re found to be 40% at fault and are awarded $100,000, you would only receive $60,000. This system helps make sure wrongdoers only have to pay what they’re personally responsible for.

Contact Our Albuquerque Traumatic Brain Injury Lawyers

Make sure that you file a claim to seek compensation for all of these costs, and more. You should not have to suffer the burden caused by another party’s negligence. Our Albuquerque traumatic brain injury lawyer can help you pursue compensation so you have what you need to heal with peace of mind.

Your financial recovery can begin today. Call us at 505-243-4400 or contact us here.