Every year, hundreds of thousands of Americans suffer from traumatic brain injuries (TBIs) that can have lifelong repercussions such as memory loss, difficulty speaking or walking, impaired vision, and much more. Unfortunately, many of these injuries are caused by negligence on the part of another individual or entity and may warrant legal recourse in the form of a personal injury lawsuit.
These lawsuits are often challenging due to the complexity of evaluating brain trauma, but they can be incredibly important in helping injured individuals regain their financial footing and provide them with deserved compensation. Understanding the legal process and where to turn for assistance is one of the most important steps toward justice for those affected by brain injury. If you need help, contact our law firm to schedule a free consultation with our Albuquerque brain injury attorneys.
Proving a Brain Injury Case: How to Establish Negligence in Albuquerque
If you have suffered a TBI, it is important to understand your legal rights. To pursue a successful claim, you must be able to prove that the injury was caused by someone else’s negligence. To do this, you must prove the following elements:
Duty of Care – The first element necessary in establishing negligence is proving the existence of a duty of care owed by one party to another. For example, medical professionals owe their patients a certain level of care when treating them. In addition, drivers owe other motorists on the road a duty not to act recklessly or negligently behind the wheel.
Breach of Duty – The second element necessary in proving negligence is proof that the defendant party breached their duty of care owed to the injured party. For example, if someone is injured in a car accident and the other driver was speeding or driving under the influence, they may have breached their duty of care to other drivers.
Causation – The third element necessary to prove negligence is causation. You must prove that the breach of duty caused the injury. For instance, if someone was involved in an accident with a driver who was texting and ran a red light, it could easily be argued that if the driver hadn’t been negligent, the accident would never have occurred.
Damages – The final element necessary for proving negligence is damages; there must be evidence showing financial losses directly related to the accident. Without damages, there is no claim – even if the other party was negligent.
Albuquerque Statute of Limitations for Brain Injuries
In New Mexico, you typically have three years from the date of your injury to file a brain injury claim (though there are exceptions in some cases). Failing to file a suit within this time period will prevent you from being able to seek compensation for your injuries later on, even if you have a strong case that would have ended in a positive outcome.
Most Common Types of Brain Injuries
Brain injuries vary in severity and extent, but they all have the potential to cause lasting impacts on an individual’s life. The following are the most common types of brain injuries that lead to Albuquerque personal injury claims:
Contusion/Hematoma/Hemorrhage: This type of injury occurs when there is bleeding within the brain due to either blunt force trauma or high-speed impacts such as car accidents. These injuries can result in permanent damage if not treated quickly and correctly.
Concussions: A concussion is caused by a sudden jarring motion that causes both physical and chemical changes within the brain. Concussion symptoms include headaches, dizziness, confusion, and difficulty concentrating or remembering things. Repeated concussions can have serious long-term consequences including memory loss and depression.
Diffuse Injuries: Diffuse injuries occur when there is no visible evidence of trauma but there has been enough force applied to cause disruption within the nervous system. This type of injury often occurs in car accidents where the driver doesn’t hit their head on anything, but there was enough force applied to cause internal damage. Symptoms include mood swings, impaired judgment, fatigue, memory problems, and difficulty sleeping.
Penetrating Injuries: These are caused by objects piercing the skull and entering the brain tissue. It can cause catastrophic injury to the brain, including swelling, hemorrhaging, and permanent disability.
Skull Fractures: A skull fracture occurs when there is a break in the skull bone, often due to blunt force trauma like being hit in the head with an object or falling onto something hard. This type of injury can cause bleeding in the brain, which can lead to serious complications such as seizures and memory loss.
Most Common Causes of Brain Injuries
Understanding the different causes of brain injuries and the steps that can be taken to prevent them is essential for everyone, as brain injuries can occur in almost any situation. The following are some of the most common causes of brain injuries:
Car Accidents: Motor vehicle collisions are one of the most common causes of brain injuries and often result in traumatic brain injuries due to the force of impact. The rapid acceleration and deceleration forces involved in a car accident can cause the brain to hit the inside of the skull, leading to severe damage. In addition, your head may hit objects during the accident, like the steering wheel, which can also cause a traumatic brain injury.
Slip and Falls: In a slip and fall, it’s not unusual for a person to fall and hit their head, resulting in a concussion or other type of brain injury. These falls may be caused by unsafe conditions such as wet floors, loose carpets or mats, trip hazards like cords or wires, poorly lit stairways, and more. These are typically settled via premises liability cases.
Medical Malpractice: A medical professional’s negligence, such as a misdiagnosis or improper treatment, can lead to brain injuries. In these cases, a brain injury lawyer can hold the medical professional and their employer responsible.
How Davis Kelin Law Firm Can Help With Your Brain Injury Claim
At Davis Kelin Law Firm, our brain injury lawyers understand how difficult and overwhelming it can be to navigate the legal process while dealing with recovery. That’s why we pride ourselves on ensuring that you have the best possible representation, starting from the very beginning of your case. Here’s why you should choose to work with us:
We don’t agree to take on a case unless we believe there is a real chance for a positive outcome. This allows us to give all our clients the attention and dedication they deserve.
We tirelessly gather evidence and negotiate with insurance companies for maximum results. If we can’t get you the settlement you deserve, we will take your case to trial and fight for you.
Our record speaks for itself – we’ve earned millions of dollars in settlements for our clients, and we will do everything in our power to do the same for you.