Brain injuries can result in a devastating, life-changing impact on not just the victim but the lives of their family. If a brain injury has been caused due to a motor vehicle accident caused by someone’s negligence, you have the right to file a brain injury claim and recover compensation. Consulting an Albuquerque brain injury attorney is integral.
It occurs when the brain experiences severe damage or trauma, resulting in behavioral, emotional, cognitive, and physical impairments. Brain injuries can vary in terms of severity, from mild injuries to traumatic brain injuries (TBIs) with long-lasting effects. This type of brain damage is a complex condition resulting from various incidents, including car accidents, motorcycle accidents, and truck accidents in Albuquerque.
Caruso Law Offices is a reputable personal injury law firm in Albuquerque that specializes in handling brain injury cases. The attorneys at our reputable law firm can help with personal injury claims assistance and guide you throughout the legal proceedings, protects your rights, and ensures you receive fair compensation.
Call our Albuquerque law office today for a free case evaluation at (505) 883-5000.
Why Choose Us for Your Albuquerque Brain Injury Attorney?
After you or your family member has suffered an injury with potentially life-altering implications, you need an attorney with a history of success in similar claims to ensure you recover the most compensation available to you.
At Caruso Law Offices, we focus exclusively on brain injuries resulting from traffic accidents, including car crashes, motorcycle accidents, pedestrian accidents, and bicycle accidents in Albuquerque.
Our team has a thorough knowledge of New Mexico’s traffic laws and insurance system. We offer many advantages to our brain injury clients including the following:
Experience
With over twenty years of experience representing clients injured in car accidents and other traffic-related accidents, our Albuquerque car crash lawyers have an in-depth knowledge of the laws and insurance company system. Many of our attorneys previously worked for insurance companies, giving us an inside understanding of their system and the best way forward for a claim.
Results
With a serious injury, you need serious results. Our team has recovered multi-million dollar settlements and jury awards for injured clients, including those with brain damage. Since 2016, we’ve secured over $30 million for our clients.
Skill
At Caruso Law Offices, our team is skilled and adept at handling every aspect of brain injury claims, from identifying liable parties and untangling complex insurance issues to settlement negotiations and, if necessary, trial advocacy.
With a free consultation and contingency-based fee structure, you pay us nothing for our legal services until after we win your case.
Immediate Steps to Take After a Brain Injury in Albuquerque
Is There a Time Limit to File a Brain Injury Case in Albuquerque?
In New Mexico, under N.M. Stat. § 37-1-8, the statute of limitations for filing a brain injury claim is three years from the date you sustained the injury. This limitation is applicable regardless of the cause of brain injury or TBI. Failing to take any legal action within this time frame means you will lose the right to file a claim and recover damages.
There are certain exceptions, but it is ideal to consult an experienced Albuquerque brain injury lawyer.
Potential Compensation for Brain Injuries
You may be entitled to compensation if you or a loved one has endured brain injuries because of someone else’s negligence. Pursuing a brain injury claim can help you obtain compensation for:
- Emergency medical treatment and transport
- Emotional distress and trauma
- Follow-up care
- Future rehabilitation or medical expenses
- Hospital stays
- Loss of future opportunities
- Loss of quality of life
- Loss of wages
- Medical testing and imaging
- Ongoing medical bills
- Pain and suffering
- Prescription medication
- Surgeon and physician services
- Surgeries
- Wrongful death
The amount of compensation you can receive would depend on the severity of your injury and the medical treatment or rehabilitation you may require in the future if you sustain permanent injuries. It is important to talk to an expert Albuquerque brain injury attorney to explore the legal options and types of compensation you may recover.
Factors to Prove in a Brain Injury Claim
In Albuquerque, the victims and their families have the right to file a brain injury or TBI claim against the party responsible for the accident that caused the injury. However, this means you must have solid proof that you experienced a severe brain damage because of the accident caused by someone’s negligence.
You have to prove the following factors:
- Duty of Care: This means that the driver had the legal obligation to exercise reasonable care while driving to ensure the safety of others on the road.
- Breach of Duty: This means that the driver breached this duty of care due to their negligent behavior, like not following traffic rules or drunk driving.
- Causation: This means the driver’s negligence caused the accident, due to which you suffered damages.
- Damages: The accident caused by the driver’s negligence resulted in brain injuries.
It is challenging to prove these factors in a brain injury claim in New Mexico, which is why you need an Albuquerque brain injury lawyer. A skilled lawyer can investigate the case and prove the liability of the negligent party to ensure you receive proper compensation.
The Impact of Brain Injuries
Brain injuries have a major impact on an individual’s life, resulting in severe consequences, including:
- Physical impairments, like sensory changes, coordination and balance difficulty, paralysis, seizures, dizziness, and headaches.
- Cognitive function challenges include slowed thinking, impaired judgment, difficulty concentrating, memory loss, and decision-making and problem-solving issues.
- Emotional and behavioral changes, like impulse control difficulties, depression, anxiety, aggression, irritability, and mood swings.
- Challenges with expression, comprehension, and speech.
- Strain relationships with coworkers, friends, and family.
Symptoms of Traumatic Brain Injury
Severe brain injuries can lead to traumatic brain injuries (TBI) and the symptoms of might not appear until weeks after the injuries have been sustained. However, these significant symptoms may indicate psychological and physical damage. Some common TBI symptoms include:
- Confusion or agitation
- Dilated pupils
- Loss of consciousness
- Loss of coordination
- Nausea
- Pounding headaches
- Seizures
- Speaking and comprehension difficulties
- Vomiting
It is essential to get immediate medical attention to prevent the symptoms from worsening. Moreover, consulting an Albuquerque brain injury lawyer is crucial to file a brain injury claim and get compensation that can cover medical bills and other expenses.
Common Causes of Brain Injuries in Albuquerque
A brain injury occurs when you receive a severe blow or strong jolt to your head. The impact can penetrate your skull and cause significant damage. The most common causes of brain injuries and TBI are as follows:
- Car accidents
- Truck accidents
- Motorcycle accident
- Pedestrian accident
- Other serious injuries caused by motor vehicle accidents
While these are some common causes, there might be other ways you may suffer a brain injury due to someone’s negligence. An Albuquerque brain injury attorney can help determine if you have the right to file a claim against the negligent party.
If your loved one suffered a fatality due to a brain injury in a motor vehicle accident, you may be able to pursue a wrongful death claim. Contact our wrongful death attorney in Albuquerque to talk about your case.
Brain Injury Statistics
Recent data from the Centers for Disease Control (CDC) indicate that brain injury is a leading cause of injury-related disability in the U.S. Alarming statistics show the following:
- Over 214,000 brain injuries occurred in the U.S. in 2020
- 69,473 deaths from traumatic brain injuries occured in 2020
- There are more than 586 TBI hospitalizations per day in the U.S and 190 deaths.
- Car accidents are the leading cause of brain injuries and falls are the second-leading cause of this type of injury
- Males suffer brain injuries at twice the number females do each year and are three times as likely to die
- TBIs in children may impact their development and their ability to participate in sports
- Suffering repeated concussions during youth places an individual at substantial risk of developing an alzheimer’s syndrome-like condition later in life
For the most serious brain injuries, the future may look grim to the victim and their family. Compensation can help open doors to the best medical care and minimize financial hardship.
What Are the Long-Term Financial Impacts of a Brain Injury?
A mild brain injury like a concussion may cause only a single missed paycheck and a bill for an emergency room visit; however, more serious injuries become costly to the victim in every sense of the word.
A serious brain injury makes it unlikely that the victim can return to work in their previous capacity if they can return at all. Depending on the severity of the injury, the injury victim may return to self-sufficiency after occupational therapy and vocational training, or they may never return to the workforce and require long-term care.
Brain injury victims and their families experience serious financial consequences as well as the physical, mental, and emotional effects of the brain injury. Our firm has the best medical experts and expert witnesses like occupational therapists on-call to assist in proving your case.
We also sometimes refer clients to the best medical specialists in our area who will wait until we win your case or recover your settlement before they charge you for their services.
Contact Our Albuquerque Brain Injury Lawyers Today
Dealing with brain injuries can be distressing. Such accidents can leave a lasting impact on the victim and their family. If you or a loved one has been in an accident that resulted in brain injuries or TBI, you must talk to an experienced Albuquerque brain injury attorney.
At Caruso Law Offices, we understand how challenging this time can be for you, which is why our dedicated Albuquerque brain injury attorneys handle brain injury cases with compassion and care.
We take the stress of dealing with insurance companies, negotiations, and court proceedings away from you so that you can focus on recovery. Our team builds a strong brain injury case and ensures you receive fair compensation for the injuries and damages you endured.
Contact our law office today for a free consultation and to get started on your claim.
Frequently Asked Questions
What Services Can a Brain Injury Lawyer in Albuquerque Provide For Victims and Their Families?
How Does a Brain Injury Attorney in Albuquerque Assist in Filing a Claim?
Additional Information in Albuquerque
- Brain Injury Association of America – Understanding the Injury: Detailed overview of brain injuries, offering insights into their causes, effects, and implications. It’s a valuable resource for anyone looking to understand more about the nature and impact of brain injuries.
- New Mexico Governor’s Commission on Disability – Brain Injury Resources: Resources specifically for individuals with brain injuries in New Mexico, including services, supports, and local programs. It’s particularly useful for those seeking regional assistance and information.
- National Institute of Neurological Disorders and Stroke – Traumatic Brain Injury Information: Detailed information about traumatic brain injuries, including research updates, patient care guidelines, and resources for further reading.