The word injury is non-descriptive because there are so many different types of injuries that it needs another word to be complete and describe just what type of injury it is. Minor injuries typically need first aid and time to heal, while serious injuries could require more extensive medical attention. Some injuries are so severe that they are called catastrophic injuries. These are the injuries that could permanently change your life.
If you or a loved one have suffered a life-altering injury, you may be entitled to compensation from the at-fault party, and an Albuquerque catastrophic injury lawyer could help you with this pursuit. The personal injury attorneys at Duran & McDonald have been helping the local community recover compensation for them and their families since 2010 and could provide you with the same dedicated attention.
There is no legal definition of a catastrophic injury that the court uses, and there is no one way to define this type of injury. Rather, the word catastrophic is used to describe an injury so severe that it causes a permanent change to someone’s life.
A traumatic brain injury, for example, could result in long-term cognitive dysfunction or challenges to someone’s capacity to take care of themselves. A spinal cord injury could lead to full or partial paralysis of the arms or legs, and the person must accommodate for their limited mobility. A catastrophic injury could also refer to the kind of permanent scarring or disfigurement that the person must live with for the rest of their life, which is how the federal government under 42 U.S.C. § 3796b(1) describes it.
Some catastrophic injuries may not be as devastating as a brain or spinal cord injury but still result in life-long changes. A person who becomes blinded or deafened must adjust their everyday lives and may lose out on things they once enjoyed.
Because these injuries result in permanent alterations, a person may pursue a claim for damages from the at-fault party to help compensate for their new life. A knowledgeable Albuquerque attorney could help a person who sustained a catastrophic injury pursue the maximum amount they are entitled to receive.
Car accidents cause the most catastrophic injuries, with other vehicular crashes involving motorcycles and trucks ranking high for commonality, but negligence in almost any situation can put you at risk for debilitating results. Other common causes include:
All it takes is a distracted motorist, a fellow employee setting explosives incorrectly at a demolition site, a mugger, or a drunk boat operator to convert your day from nondescript to catastrophic. The skilled attorneys at New Mexico Accident Firm are tenacious negotiators and litigators after you have been hurt in an accident caused by someone else.
If you are involved in a catastrophic accident that the at-fault party contests, your attorney must prove they negligently caused your injuries. This involves showing the other person’s actions were irresponsible or unreasonable, a breach of the duty to behave with others’ safety in mind. Your attorney must also prove the at-fault party caused a foreseeable accident and your injuries were the result of that accident. This establishes negligence.
After your accident, the first action should be to get medical attention. If you are able to speak with the police investigating the accident, explain how you perceived what happened, but do not apologize or suggest that you may have been at fault. Insurance companies and the person who primarily caused the accident will use that against you. If you are at work, report, or have someone on the scene, report the accident to your supervisor. If you can exchange pertinent information with eyewitnesses, do so, including if any of them photographed the scene for you. The post-accident period is important for gathering evidence to support your catastrophic injury claim.
Your attorney can file a personal injury lawsuit with the courts, but your case could be settled via insurance negotiations or by negotiating with the at-fault party’s attorney. If no resolution can be reached, your case will be litigated, and a jury will determine how much your case is worth after your attorney presents evidence. It is imperative to choose an attorney who will not settle for less than you will need to continue your life comfortably and with dignity. You have one chance to choose the right attorney. Choose NMAF now, the catastrophic injury attorneys who care about helping their Albuquerque neighbors.
Just like other personal injury cases, a catastrophic injury victim could be entitled to claim monetary damages from the at-fault party. The most common forms of monetary damages are things like hospital bills, ongoing medical expenses, the costs of rehabilitation, and lost wages. Because some catastrophic injuries result in permanent disabilities, a victim may also be able to pursue compensation to pay for prosthetics and home renovations to accommodate their new lifestyle.
Non-monetary damages may also be available, though these are more challenging because they are harder to assign a dollar figure. Regardless, a person could pursue a claim for emotional distress, pain and suffering, and the loss of enjoyment of life.
The types of damages that could be available are determined on a case-by-case basis and rely on the extent and severity of the victim’s injuries. Anyone in Albuquerque who has suffered a devastating injury should consult with an attorney to better understand their options.
Determining how much compensation you will need after suffering a catastrophic injury can be complex and often depends on the prognosis. In cases such as paralysis, it may take several months to years to know whether you have recovered as much as possible, leaving you with either a lifelong disability and unable to work, or healed to a degree that allows you to return to work. What would your future wages have looked like? This may be harder to pinpoint if you are young and have not mapped a career path, but if your working life is cut short young, you will need to replace more income than someone in mid or late career.
Ancillary needs must also be considered, such as retrofitting your home and vehicle if you are paralyzed, paying for ongoing rehabilitation, especially for traumatic brain injuries that may be difficult to predict, and how to factor your family’s losses, too, if you are a breadwinner with small children. Your attorney understands these challenges and meets them head-on to protect your uncertain future.
New Mexico places a time limit on when a personal injury claim must be filed, known as a statute of limitations. The New Mexico Statutes § 37-1-8 specifies that a claim must be filed within three years after the injury.
If a claim is filed after this three-year limit, it becomes difficult to recover compensation for the injury. That is why catastrophic injury victims should contact an Albuquerque attorney as soon as possible.
Suffering from a disastrous injury that leaves you unable to continue your life as it used to be can make you feel helpless. An Albuquerque catastrophic injury lawyer could help you get through the toughest stages of the legal process and get you the compensation you deserve.
Duran & McDonald could provide dedicated attention to your case and recovery. Call our firm to discuss your case.
