
Surviving any type of personal injury can be devastating to the injured party and their family. However, when these injuries are serious or catastrophic, this can result in significant physical, mental, and financial harm. In these cases, a Rio Rancho catastrophic injury lawyer can help you seek compensation to cover your damages.
At Berenson & Associates, PC, we represent individuals and families throughout Rio Rancho and the surrounding areas who have suffered serious, life-changing injuries. Rio Rancho Personal injury attorney Rachel Berenson founded the firm, and she is an AV-rated litigator with over a quarter of a century of experience handling catastrophic injury cases.
If you have a case in the Thirteenth Judicial District Court, which serves Sandoval County, our firm can advocate for you and work to secure the resources you will need to recover and receive future care. We can work with you to address the challenges you have encountered because of the negligent act that caused your injuries, and fight for justice when someone is permanently harmed.
A catastrophic injury is one that changes your life and has permanent effects. A catastrophic injury is far more severe than a minor or moderate injury. Catastrophic injury results in permanent consequences that limit an individual’s daily activities, earning potential, and quality of life following a motor vehicle accident.
The serious repercussions of catastrophic injuries require long-term treatment and care and can have a devastating negative impact on the injured individual as well as the entire family. Catastrophic injuries are determined on a case-by-case basis. While there is no solid definition or situation that is definitively a catastrophic injury, the following injuries and situations are typically considered catastrophic:
Due to the seriousness of these injuries, seeking compensation typically requires the help of a Rio Rancho catastrophic injury attorney to gather evidence and build a strong catastrophic injury claim.
When a severe accident occurs in New Mexico, several laws will affect an injured person’s right to receive compensation. For example, the law establishes a three-year statute of limitations for most personal injury cases, so it is important to contact a lawyer quickly.
Government agencies, public schools, and municipal entities are also subject to New Mexico’s Tort Claims Act, which places stringent notice requirements on injured parties and limits potential damages. New Mexico’s pure comparative negligence standard allows accident victims to recover compensation even if they are partially to blame, but the amount they receive will be reduced by their degree of fault.
Medical malpractice cases involving catastrophic injuries in New Mexico limit non-economic damages except for medical bills and future care.
Due to the fluidity of catastrophic injuries, it is not easy to find related statistics on their occurrence. However, one of the most common forms of catastrophic injuries, traumatic brain injuries (TBIs), showed 69,743 TBI-related deaths in 2021, according to the CDC. This was most common in those over the age of 75, accounting for 32% of hospitalizations and 28% of deaths.
Seek medical attention immediately after a catastrophic injury, even if you do not feel the full extent of your symptoms. After you receive emergency medical care, take pictures of your injuries, collect the names and contact information of any witnesses, and make notes of the details surrounding the accident. Do not give a statement to an insurance company before you hire a catastrophic injury lawyer.
Retain copies of all medical records, bills, and correspondence regarding your injury. An experienced catastrophic injury lawyer can ensure your rights are protected and your evidence is preserved. They can also advise you on your legal options after a catastrophic injury.
A catastrophic injury can turn your life upside down. Self-representation becomes a difficult task because of the complex demands from insurance companies and strict deadlines. Lawyers take care of paperwork, investigations, and negotiations on your behalf. You have someone in your corner looking out for you so you can focus on recovery, not fighting for justice.
To count as a catastrophic injury, the injury must result in permanent or long-term physical or mental impairment. In addition to involving high or long-term medical bills, catastrophic injuries often change a person’s ability to work and live an independent life. This is because these injuries are usually very serious in nature.
The criterion for catastrophic impairment typically refers to conditions that are both extremely severe and permanent. Conditions may include significant loss of mobility or extremities, paralysis, severe loss of cognitive function due to brain injury, or other conditions that prevent a person from independently completing basic activities of daily living. A doctor’s evaluation may be necessary to prove the severity of the injury.
The new accident law in New Mexico includes a trend towards enhancing protections for victims and promoting accountability. Although the specifics can vary based on the statute or update in question, the overall direction has been geared towards improving access to justice and refining liability standards. An attorney can help you understand any updated laws and how they apply to your situation.
The hardest injuries to prove are those that are invisible, in that they do not leave an obvious, outward manifestation. Traumatic brain injuries and chronic pain syndromes can be difficult to prove, depending on the case. However, even psychological trauma like post-traumatic stress disorder (PTSD) is open to intense scrutiny by insurers and medical professionals. Proving these injuries often involves scrutiny of medical reports, diagnostic imaging, and professional witness testimony.
If you or a loved one suffered a catastrophic injury, you may be able to receive compensation for your injuries. Contact Berenson & Associates, PC to get started.
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