Albuquerque Brain Injury Lawyers

What Is a Brain Injury?

Brain injuries are injuries that are usually sustained by trauma to one’s head or skull. The brain is a very vulnerable organ. Any damage to it can cause significant impairment in balance and cognitive function.

You should always be vigilant and seek medical attention after any injury to the head.

What Causes a Brain Injury?

Many actions can cause a brain injury. Unfortunately, many of these actions result from someone else’s negligence, such as:

• Car accidents,
• Truck accidents,
• Bicycle accidents,
• Motorcycle accidents,
• Pedestrian accidents,
• Dog attacks, and
• Premises liability incidents.

This list is non-exhaustive. You can bring a brain injury claim for any negligent action for which you suffer harm.

What Are Symptoms of a Brain Injury?

Depending on the type of brain injury, symptoms can be temporary or permanent. Symptoms may appear immediately or may take days or weeks to appear. Common symptoms include:

• Mood changes,
• Fluctuating consciousness,
• Speech impairment,
• Coordination problems,
• Headaches,
• Memory problems,
• Seizures,
• Personality changes,
• Nausea,
• Vomiting, and
• Paralysis.

If you or your family member has been in some type of accident and is suffering from these symptoms, this may be an indication of a brain injury. Be sure to see your doctor.

How Do I Prove Liability for a Brain Injury?

In most instances, you can recover compensation for a brain injury by proving the elements of negligence:

1. Duty of care. The party at fault for your brain injury must have owed you a duty.
2. Breach of duty. The party’s actions or inaction caused them to breach their duty.
3. Causation. The at-fault party’s breach was the cause of your brain injury and resulting losses.
4. Damages. You must prove you suffered injuries and damages.

Our seasoned brain injury attorneys can help you gather the evidence needed to prove your negligence claim.

What Types of Compensation Can I Receive for a Brain Injury?

Brain injuries can cause minor to severe injuries but because the brain is such a vital organ, usually the damage is more severe. If you or a loved one has sustained a brain injury from another’s negligence, we can help you receive compensation for the following:

• Medical expenses. These expenses will include all hospital stays, doctor’s visits, and diagnostic tests (e.g., MRIs and CT scans). Rehabilitation, home nursing care, and counseling may also be included in this category.
• Lost income. After a brain injury, you may have been forced to miss work. Any lost income during this period is recoverable.
• Loss of earning capacity. If you now work fewer hours or had to take a lower-paying job as a result of your brain injury, you may be able to recover the loss in earnings.
• Pain and suffering. Other types of damages include the pain and suffering you or your loved one have endured as a result of the brain injury. 
• Loss of consortium. This refers to the loss of love, comfort, and companionship that one can no longer give their spouse as a result of an accident.
• Loss of enjoyment of life. This refers to the psychological and physical impact your brain injury has on your life, considering all the things you used to do but now give you no satisfaction or happiness.

At Tawney, Acosta & Chaparro P.C., our attorneys will gather all the evidence and calculate the compensation you deserve.

How Long Do I Have to Bring a Brain Injury Claim?

In New Mexico, you have three years to bring a personal injury claim. Brain injuries are a type of personal injury claim.

If you do not bring your brain injury claim within three years of the accident or incident, absent certain exceptions, you will not be able to bring the claim. 

Therefore, you should contact a brain injury lawyer as soon as possible so you don’t lose your right to financial recovery.

Do I Need an Albuquerque Brain Injury Lawyer?

A lawyer is not required to pursue a personal injury claim for a brain injury, but it is highly recommended. The seasoned attorneys at Tawney, Acosta & Chaparro P.C. understand personal injury law and how to approach a brain injury case. 

An experienced attorney can provide many services after a brain injury-causing accident.

Negotiating with Insurance Companies

For many accidents that cause brain injuries, insurance companies play a vital role in negotiations. For example, with vehicle accidents, negotiating with the other party’s auto insurance company is a vital part of case progression. Similarly, for premises liability cases (such as slip and fall cases), the business’s insurance company is the entity that will pay out any compensation.  

Insurance companies utilize tactics to reduce expenditures and maximize profits. Their goal is their bottom line, not making you whole again. Because of this, they notoriously offer low settlements to make the case go away.

Or, they purposefully go slowly to tire you out. Then, when they make a low offer, you are desperately low on income and more likely to accept.

Our brain injury attorneys will work tirelessly to prevent this from happening. We will ensure the compensation you receive is fair and given as soon as possible.

Meeting Deadlines

There are a lot of deadlines when you bring a legal claim or lawsuit. In addition to a deadline to file your brain injury case with the courts, there are also requirements for motions and other case information. It can be hard to juggle all this information. 

Our brain injury lawyers are very experienced in keeping these timelines straight. You won’t have to remember these deadlines because we will take care of all your legal filings.

Going to Court

Most personal injury claims are negotiated outside of court. However, if the parties cannot agree on a settlement number, the case may proceed to trial. Trying a case in court is complex and has its own set of rules. You need a personal injury attorney who can follow your case until it is closed, even if they have to represent you in court.

Contact Our Office and Speak WIth an Albuquerque Brain Injury Attorney

At Tawney, Acosta & Chaparro P.C., our focus is on helping personal injury victims recover from their injuries and hold the parties responsible accountable. Our attorneys have decades of combined legal experience. They have received numerous accolades and recognitions, including:

• Top 100 Trial Lawyers,
• The National Trial Lawyers Top 40 Under 40, and
• Thomson Reuters Super Lawyers Magazine: Texas Rising Star.

We dedicate our time and resources to representing personal injury clients. It’s all we do. We are here to represent you and hold negligent parties responsible for harming you.

Contact our office now to schedule a free case review.