Rio Rancho Traumatic Brain Injury Lawyer

Traumatic Brain Injury Attorney in Rio Rancho, NM

Traumatic brain injuries cause significant changes in the victim’s life and their families. These types of injuries can cause a person to suffer physical, mental, and cognitive loss. These losses also often lead to significant financial hardship. If you or someone you love has a traumatic brain injury due to another party’s negligence or actions, a Rio Rancho traumatic brain injury lawyer can help you seek compensation.

About Berenson & Associates, PC

At Berenson & Associates, PC, our compassionate and competent Rio Rancho personal injury attorney provides representation to clients throughout Rio Rancho and New Mexico who have suffered traumatic brain injury, personal injury, car accidents, and nursing home abuse. Founded by partner Rachel Berenson, an AV-rated lawyer with over 25 years of experience, our law firm is known for our personalized service and aggressive advocacy.

We take the time to understand our clients’ needs, explain every step of the legal process, and work tirelessly to seek full and fair compensation. We have earned our clients’ trust to fight for their rights and stand up for justice every step of the way.

Understanding Traumatic Brain Injuries

When an external force hits the head and interferes with normal brain function, traumatic brain injury (TBI) occurs. While acquired brain injuries arise from internal medical conditions like tumors or strokes, traumatic brain injuries (TBIs) are caused by external trauma.

TBIs are commonly caused by incidents like car crashes, height falls, sports-related injuries, and aggressive physical assaults. From minor concussions to severe injuries, TBIs can cause memory loss or prolonged unconsciousness.

Traumatic Brain Injury Laws

Traumatic brain injury claims can be some of the most complicated and serious. A well-versed Rio Rancho personal injury attorney must be familiar with neurological evidence, understand rehabilitation and long-term care needs, and be able to accurately calculate the cost of your ongoing care.

In New Mexico, most personal injury claims must be filed within three years of the date of the injury, and medical malpractice actions must generally be brought within three years from the act or discovery.

In Rio Rancho, your case may ultimately be tried in the Sandoval County District Court in Bernalillo, just a few minutes from the city. A Rio Rancho traumatic brain injury attorney with experience in the local courts can work through motions, professional witnesses, and the procedural rules at that courthouse to give you the greatest chance to obtain full and fair compensation.

In 2020, there were about 214,110 TBI-related hospitalizations in the United States, and in 2021, there were approximately 69,473 TBI-related deaths. The statistics show that more than 586 hospitalizations and 190 deaths each day are caused by traumatic brain injuries.

Evidence in TBI Cases

Certain facts must be supported by evidence when pursuing a TBI claim in order to demonstrate that the injury was caused by another person. The following components need to be proven:

• A duty of care was owed:  It is up to the plaintiff to demonstrate that the defendant owed them a duty of care.
• The defendant breached that duty: It is the plaintiff’s responsibility to prove that the defendant violated that obligation.
• The defendant’s negligence caused the injury: Your injury and the negligence must be directly related.
• You suffered measurable damages: You have to demonstrate that the injuries caused you to sustain financial, physical, or emotional harm.

Doctors can testify about the extent of the injury, the expected recovery, and potential long-term side effects. Economic damages can be calculated by financial professionals using estimates of future earnings potential and ongoing medical expenses. When you hire a traumatic brain injury lawyer, they can look at the facts of your case to know what professionals can provide valuable insight to strengthen your claim.

Hire a Traumatic Brain Injury Lawyer

Traumatic brain and spinal injuries are life-changing for you and your family. Always seek experienced legal representation before proceeding. A qualified injury attorney can translate medical records, hire reliable neurologists and life-care planners, hold the negligent parties accountable, and help you obtain the greatest possible recovery.

Insurance companies are known for offering small payouts. An attorney can help fight for you and give you a legal advantage against these companies.

FAQs

What Is the Average Settlement for a TBI Injury?

The amount of a traumatic brain injury settlement can vary depending on several factors, such as the need for long-term care and assistance, the impact on the injured person’s ability to function in daily life and work, and the pain, suffering, and emotional distress caused by the injury. Since each case is unique, it’s crucial to work with a skilled attorney who can assess your specific situation.

What Is a Good Settlement Offer for a TBI?

A fair traumatic brain injury settlement offer should cover all medical costs, rehabilitation, lost wages, and ongoing care, while also addressing the emotional and lifestyle impact of the injury. Offers that only consider immediate expenses are typically inadequate, so having a lawyer review ensures the amount fairly reflects both current and future needs.

How Long Does a TBI Claim Take?

The duration of a traumatic brain injury claim can vary greatly depending on the specific facts of the case, the complexity of the legal issues involved, the severity of the injury, the extent of damages, the cooperation of the parties, and the court’s docket. Some cases may be resolved relatively quickly through negotiation or mediation. Others may take several years to resolve, especially if the case goes to trial.

How Do You Prove TBI in a Claim?

To prove a traumatic brain injury in court, one typically needs comprehensive medical records, testimony from medical professionals, and evidence of how the injury impacts daily living and employment. Supporting documentation may include imaging studies, treatment history, and descriptions of symptoms. Effective legal representation is crucial to presenting all evidence comprehensively to establish the extent of the injury.

Contact Berenson & Associates, PC

If you or a loved one suffered a TBI, Berenson & Associates, PC can help you fight for your rights and hold the responsible party accountable. Contact us today for more information.