Albuquerque Traumatic Brain Injury Lawyer
Traumatic brain injuries (TBIs) are a significant concern in New Mexico, with various factors contributing to their prevalence. If you, or someone you know, has suffered a traumatic brain injury, it’s vitally important that you contact an Albuquerque traumatic brain injury lawyer as soon as possible.
Common Causes of TBIs
Falls, especially among older adults and young children, are a common cause of TBIs in Albuquerque.
These falls can occur at home, in public places, or even in healthcare facilities, leading to severe head trauma. Sports injuries, like concussions, from contact sports like football and soccer, contribute to a high percentage of TBIs, as well.
Motorcycle accidents, car accidents, and work-related incidents also play a significant role in the occurrence of traumatic brain injuries in Albuquerque.
The impact of TBIs on victims is profound, affecting them both physically and financially.
The physical and cognitive impairments resulting from TBIs can hinder a victim’s ability to work and lead a normal life, exacerbating the financial challenges they face.
Understanding the common causes and the life-altering impact of traumatic brain injuries in Albuquerque is crucial for individuals and families to take preventive measures and seek appropriate legal representation when needed.
Symptoms of Traumatic Brain Injuries
Individuals and their families need to be aware of the signs and symptoms of TBIs.
The signs and symptoms of traumatic brain injuries, including loss of consciousness, confusion, disorientation, and sensitivity to lights and sounds, can vary in severity and duration.
Individuals need to seek prompt medical attention and legal assistance to address the potential long-term consequences of these injuries. Recognizing these signs and symptoms and understanding the potential risks associated with TBIs is vital for the well-being of the community and the effective provision of legal support for those who have suffered from such injuries in Albuquerque.
It should also be noted that the symptoms of traumatic brain injury in children can be markedly different from those found in adults, such as persistent crying, toilet training regression, and lack of interest in favorite toys.
Understanding Traumatic Brain Injuries
Traumatic brain injuries occur far more frequently than most people may imagine. In fact, the Centers for Disease Control (CDC) states that there were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021.
Traumatic brain injuries encompass a range of conditions that result from a sudden trauma to the head, causing damage to the brain.
These injuries can manifest in various forms, such as concussions, edema, hematoma, skull fractures, and strokes, each with its own set of symptoms and implications. For example, a concussion can occur when the brain is jolted inside the skull due to a sudden impact, resulting in symptoms such as confusion, dizziness, and memory problems.
Similarly, an intracranial hematoma can put pressure on the brain, leading to severe headaches, seizures, or loss of consciousness.
Traumatic brain injuries are often caused by accidents and instances of negligence, requiring a thorough understanding of their underlying causes. It’s essential to recognize the diverse nature of TBIs and the potential impact they can have on an individual’s health and well-being.
Understanding the common causes and symptoms of TBIs is crucial in recognizing the potential legal recourse available for victims, especially when the injuries are the result of another party’s actions or negligence.
Steps To Take After Sustaining a Traumatic Brain Injury
Immediately after sustaining a traumatic brain injury, seeking medical care from a Level 1 Trauma center is the first and most crucial step. Even if the injury seems minor, it’s important to receive a professional medical evaluation to assess the severity of the injury and receive appropriate treatment.
This is the first of several crucial steps that should be taken immediately following a traumatic brain injury.
Gathering evidence is also important, especially if the traumatic brain injury occurred due to an accident or negligence.
This evidence may include photographs of the accident scene, medical records, witness statements, and any other documentation that can support a potential legal claim. Obtaining a copy of the police report can be vital in establishing the cause and impact of the injury, as well.
Reporting the incident to the appropriate authorities or relevant individuals is another critical step.
This may involve informing your employer, supervisor, or property owner if the injury occurred at the workplace, public premises, or due to a hazardous condition. Timely reporting can help create an official record of the incident, which may be essential for legal and insurance purposes.
Moreover, after the initial steps have been taken, you should prioritize ongoing medical treatment and care for their traumatic brain injuries. This includes following the recommendations of healthcare professionals, attending rehabilitation sessions, and actively participating in your recovery process.
It’s also essential to speak to an attorney specializing in traumatic brain injury cases to explore the legal options available and ensure that your rights and interests are being protected and prioritized throughout the recovery and compensation process.
Long-Term Impact and Care for Traumatic Brain Injury Victims
“TBI may result in a decrease in short and long-term health (physical and behavioral) and put them at an elevated risk for disability, pain, and handicap (i.e., difficulty with a return to work, maintaining peer networks.) Rehabilitation therapies like physical therapy, occupational therapy, speech-language therapy, and assistive devices and technologies may help to strengthen patients to perform their activities of daily living.” – The National Library of Medicine
The effects of traumatic brain injuries can be far-reaching, impacting a victim’s life physically, emotionally, and financially.
In addition to the costs of medical care and rehabilitation, many individuals may experience a loss of income due to their reduced ability to work, further exacerbating the financial strain on themselves and their loved ones.
This underscores the critical need for fair and comprehensive compensation to address both current and future needs arising from the long-term impact of traumatic brain injuries.
Victims of traumatic brain injuries may require ongoing support and resources to help them navigate the long-term impact of their injuries. This could include accessing community programs, support groups, and specialized care facilities that cater to the unique needs of individuals with traumatic brain injuries.
A legal firm specializing in traumatic brain injury cases can also provide guidance on these resources, ensuring that victims and their families have access to the necessary support for their long-term care and well-being.
Importance of Hiring a Traumatic Brain Injury Lawyer
Hiring a traumatic brain injury lawyer is essential for individuals who have sustained a brain injury due to the fault of another party.
These legal professionals play a crucial role in providing assertive and skillful representation to ensure that victims receive the compensation and support they deserve.
When considering a traumatic brain injury lawyer, it’s crucial to prioritize certain qualities. Experience in handling brain injury cases, assertiveness in negotiations, and a focus on personal injury law are key attributes to look for in a legal representative.
These lawyers are also instrumental in guiding their clients through the legal proceedings, providing access to medical experts who can evaluate the extent of the brain injury and its impact on the victim’s life.
They’re prepared to litigate on your behalf, ensuring that all necessary evidence and documentation are in place to build a strong case and pursue the appropriate compensation.
Compensation Options for Traumatic Brain Injury Victims
Traumatic brain injury victims can pursue different types of compensation to address the financial impact of their injuries. Economic damages cover quantifiable financial losses, including medical expenses and loss of wages.
These economic damages can be claimed to alleviate the financial burden caused by the injury.
On the other hand, noneconomic damages account for intangible losses, such as pain and suffering, emotional distress, and decreased quality of life. For example, a traumatic brain injury may lead to long-term cognitive impairments, emotional struggles, and a reduced ability to enjoy life as before.
These noneconomic damages aim to compensate for the profound impact the injury has on the victim’s overall well-being and daily life. Understanding these compensation options is crucial for victims and their families to seek the rightful support and care necessary for their recovery.
It’s essential to understand the complexities and nuances of seeking compensation for a traumatic brain injury. It can involve engaging with the legal system, insurance companies, and other relevant parties to ensure that all aspects of your financial and emotional hardships are adequately addressed through the compensation process.
Seeking legal guidance from an experienced Albuquerque traumatic brain injury lawyer can help significantly in navigating this process and securing the compensation you’re entitled to.
Legal Process for Filing a Traumatic Brain Injury Claim
When it comes to filing a traumatic brain injury claim, it’s essential to understand the legal process involved.
If you’re seeking to file a traumatic brain injury claim in New Mexico, you need to be mindful of the statute of limitations, which is three years for personal injury claims. This means that there is a specific time frame within which a legal action must be initiated. After this period, you may lose the right to seek compensation for your traumatic brain injury.
The legal process for filing a traumatic brain injury claim may involve extensive documentation, evidence gathering, and legal proceedings, all of which can be time-consuming.
This is why understanding the statute of limitations is crucial, as it underscores the need for prompt action. You must seek legal representation soon after sustaining a traumatic brain injury to ensure that your rights are protected within the stipulated time frame.
Additional steps in the legal process may include:
- Determining Liability
Your attorney will investigate the circumstances of the accident to determine liability. This involves identifying the party or parties responsible for your TBI, whether it’s another individual, a company, or a government entity.
- Negotiating with Insurance Companies
In many cases, TBI claims are initially filed with the at-fault party’s insurance company. Your attorney will negotiate with the insurance company to reach a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
- Filing a Lawsuit
If a fair settlement cannot be reached through negotiations, your attorney may recommend filing a personal injury lawsuit. This involves drafting and filing a complaint in court, outlining the details of your case and the damages you are seeking.
- Discovery
During the discovery phase of a lawsuit, both parties exchange information and evidence related to the case. This may include depositions, interrogatories, and document requests.
- Settlement Negotiations
Even after a lawsuit is filed, settlement negotiations can continue. Often, cases are settled out of court before going to trial.
- Trial
If a settlement cannot be reached, your case will proceed to trial. During the trial, both sides present their arguments and evidence to a judge and jury. The judge or jury will then decide on the case.
- Appeals (if necessary)
If either party is dissatisfied with the outcome of the trial, they may have the option to appeal the decision to a higher court.
Resources and Support for Traumatic Brain Injury Victims
In addition to providing legal assistance, many law firms also offer access to medical experts who can assess and testify to the extent of the brain injury and its impact on the victim’s life.
These organizations can give you access to specialized medical professionals, rehabilitation services, and ongoing care facilities that cater to the unique needs of individuals with traumatic brain injuries.
By leveraging these resources, you and your family can access the necessary support and guidance to navigate the challenges of long-term care and recovery after sustaining a traumatic brain injury.
The impact of traumatic brain injuries on individuals is substantial and requires comprehensive legal support and resources to address the far-reaching consequences of such injuries.
The importance of seeking prompt legal action and securing comprehensive compensation is paramount in addressing your long-term impact and care needs. By partnering with our experienced legal firm and leveraging our expertise, we can begin working towards securing the necessary support for your recovery, well-being, and long-term care.
Our Albuquerque traumatic brain injury lawyers will offer the advice, direction, and specialized knowledge you need to help you navigate through the legal system, fight for your fair TBI settlement, and help you move on with your life and recovery.
The attorneys at Barrera Law Group LLC are here to support you and your family. Contact us today.