October 24, 2017

 by Caruso Law Offices, P.C. | 

Understanding Traumatic Brain Injuries Caused by New Mexico Tractor Trailer Wrecks

Any head injuries caused by a New Mexico tractor trailer wreck can result in very serious personal injuries. One of the most common types of serious heady injury is a traumatic brain injury. This is a type of injury which results in severe damage to the brain. Traumatic brain injuries, or TBIs, can be debilitating, painful, and are often permanent. They are difficult to treat and even harder to prove in court because sometimes there is not physical evidence of the injury other than cognitive defects.

This is why a New Mexico tractor trailer wreck lawyer is needed. An experienced truck accident lawyer like the ones at the NM Truck Accident Attorneys know how to prove your traumatic brain injury by using experts to prove your injuries, damages, and future damages, as well as fighting the trucking company and insurance company to prove liability. We have handled New Mexico tractor trailer wrecks against some of the largest trucking companies in the United States, including Schneider National, FedEx, UPS, J.B. Hunt, and many others. If you or a loved one have been seriously injured or killed in a New Mexico tractor trailer wreck, call us today for a FREE consultation by dialing (505) 308-1556.

What are Traumatic Brain Injuries and How Do They Occur?

A traumatic brain injury is just what is sounds like, a traumatic (acute) injury to the brain. There are generally two types of traumatic brain injuries. The first is one caused by physical trauma such that you would normally associate which a high-speed trucking wreck on an interstate like I-40, I-25, or I-10. This means fractured skull, bleeding, cutting or damage to flesh, and punctures or injuries to the brain. The is physical, obvious damage which is easily observed.

The second type of traumatic brain injury is not so obvious and is a closed-head injury. These injuries occur when the head and skull is not damaged, but the brain inside suffers serious injury. An example would be a concussion where the brain slides back and forth inside the head and hits the skull hard causing damage, but the head itself is not acutely injured. Closed-head injuries are particularly dangerous because internal bleeding and swelling can increase the pressure on the brain and cause irreparable damage to the brain. Closed-head injuries are commonly caused in New Mexico tractor trailer wrecks when the impact causes a whiplash-like motion of the head.

Proving Damages in a Traumatic Brain Injury Case: Using Medical Experts, Economists, and Life-Care Planners

When a New Mexico tractor trailer wreck causes a traumatic brain injury, there are two main points to focus on. First is proving liability against the negligent truck driver and trucking company. This can involve looking for violations of the vehicle and traffic law (statutory violations made by the Legislature), or by looking for breaches of the common law duty of care (or judge-made law).

The reason point is proving damages. Because some traumatic brain injuries do not leave any obvious signs of injury (like a closed-head injury), and further because some brain injuries do not leave any objective evidence that can be observed (evidence on MRIs, x-rays, sonograms, or other images), proving damages in a traumatic brain injury case can be difficult. This is why it is important to use your medical records and retain expert medical witnesses who evaluate you and opine as to your cognitive injuries caused by the tractor trailer crash.

In addition, it is important to use an economist to establish your lost wages from the crash. If you are unable to return to the same career or job, which is highly likely in a tractor trailer wreck, you will also need to prove lost future earnings from not being able to work in the same job. An economist is needed because he or she can adjust the income earnings upwards for inflation, while also applying the appropriate amount of interest, likely paid taxes, and other expenses to generate a fair and just number.

Another important expert is a life-care planner. This type of expert will establish what future expenses you have for your care and treatment. This includes future surgeries or procedures, medications, therapy, nursing assistance, or even future nursing home or assisted living expenses. With your economist expert, your life-care planner will help determine what is medically necessary in the future.

Have a Traumatic Brain Injury from a New Mexico Tractor Trailer Crash? Call Our New Mexico Truck Accident Lawyer Today!

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the NM Truck Accident Attorneys today by dialing (505) 308-1556 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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