The brain is undoubtedly one of the most vital organs in the human body. It controls our movements and cognitive functions. The brain is so important that it is protected by the skull. Unfortunately, even with such protection, a violent blow to the head has a risk of damaging the brain and causing life-altering consequences.
If you or a loved one has been hurt by a blow to the head, talk to an Albuquerque traumatic brain injury lawyer at our firm. You may be entitled to compensation if your injury was caused by someone else’s actions. Our catastrophic injury attorneys are ready to handle the legal work while you focus on recovery.
When the head suffers a strong blow or sudden movement, the brain moves and strikes the inside of the skull. This is known as a concussion and has varying degrees of severity depending on the force of the hit. Symptoms of concussions could be mild, like headaches, or more serious, like mood swings or cognitive dysfunction. Concussions and any other type of head injury usually result from a particularly violent hit to the head or body.
Motor vehicle accidents are a common cause of head injuries because they usually happen at high speeds and with a lot of force. The risk of brain damage is greater when a large truck is involved. Vehicle collisions also involve broken glass that could cause cuts or even pierce the brain, resulting in bleeding.
Slipping and falling could also result in the head striking a hard surface and causing a brain injury. Contact sports require helmets to protect against head injuries, but these are not one hundred percent effective all the time. Acts of violence, such as fights or the use of weapons, have a real chance of causing brain injuries.
Because the brain is so important to everyday life, even a minor brain injury could have long-term consequences. An experienced traumatic head injury attorney could help a person in Albuquerque pursue compensation for the potentially life-changing effects that a brain injury could bring.
Head injuries usually result from someone else’s act or negligence, such as unsafe driving that causes a car accident or a failure to clean up a spill that causes someone to slip and fall. In this case, a person may be eligible to receive compensation for their injuries.
An injured individual may be able to pursue monetary damages for things like hospital bills and lost wages. Because brain injuries could have long-term effects, monetary damages may also be available for ongoing treatment, medical devices, or nursing care.
Non-monetary damages for pain and suffering, loss of enjoyment of life, and emotional distress could also be possible, though these are more challenging because there is no exact amount. That is why victims of traumatic brain injuries should consult with a knowledgeable Albuquerque attorney. A dedicated lawyer could help a person pursue all possible forms of compensation and provide rigorous representation during the process.
There is no standard or official average settlement amount for claims arising from TBIs caused by negligence, as verdicts vary widely depending on the specifics of each case. Some factors the court considers while calculating the damages include the following:
The way the case settles can also affect the settlement amount, such as through insurance company negotiations or in civil court, as trials often yield higher awards.
The lifetime costs associated with severe brain injuries, including direct medical expenses, rehabilitation, long-term assisted living, lost earnings, and other financial losses, are substantial. It varies widely based on factors such as your age at the time of the injury, life expectancy, the level of care required, and ongoing medical services. An example is whether you require periodic therapy or attendant care available 24 hours a day, 7 days a week.
It also depends on where you live, such as urban versus rural costs, specific complications, and inflation adjustments. While there is no single specified average cost people can expect, according to the guidance of the National Academy of Sciences, Engineering, and Medicine, the cost of lifetime care could reach $3 million when severe. They report that the average cost of a mild TBI is $85,000, while moderate injuries can cost nearly $950,000.
Evidence to establish your total damages after a TBI must focus on proving the extent of the injury, the impact on your life, and the full financial and personal impacts. The civil courts and insurers require strong support, including documented proof, because brain injuries often have long-term effects, and this is supported by tests and scans. Breaking the damages down into two categories for quantifiable losses and intangible harms is most effective.
Every claim is unique, and the outcomes of personal injury lawsuits depend on the facts of the case, jurisdiction rules, and expert credibility. Our Albuquerque brain injury attorney can assist by gathering and organizing the evidence to demonstrate your total damages and losses. Our seasoned lawyer can collect the crucial evidence needed to prove the full extent of the defendant’s negligence that caused the preventable accident and establish the cost of your economic and non-economic damages.
The New Mexico Statutes § 37-1-8 set the time limit for filing a personal injury claim as three years after the incident that causes the head injury.
If a claim is not filed within these three years, it becomes difficult to pursue compensation for the injuries. A person should contact an attorney as soon as possible to get their case ready and filed within the appropriate time.
Head injuries are often the most serious type of injury because of how important the brain is to your everyday life. Even a minor blow to the head could cause long-term complications and life-changing effects.
If you or a loved one suffered a head injury because of someone else’s fault, talk to an Albuquerque traumatic brain injury lawyer to discuss your case and legal options. Our local attorneys could help you pursue the maximum compensation for your injuries and make your life a little easier.
