New Mexico Catastrophic Injury Attorneys

What Is a Catastrophic Injury?

Injuries of any kind are generally painful and often cause some form of temporary limitation on mobility. However, a catastrophic injury is so severe that it permanently affects a significant aspect of an individual’s life. This serious hardship may permanently alter a person’s bodily functions, mobility, appearance, or overall health.

A catastrophic injury may prevent you from enjoying everyday life, including the things that you were previously able to do regularly or were some of your core functions as an individual. It can also impair your ability to do your job or to work at all.

Most catastrophic injuries fall into three different categories. These include:

• Serious head, neck, or back injuries, which include traumatic brain injuries, skull fractures, spinal cord injuries, and paralysis;
• External injuries such as disfigurement from burns, amputations, and road rash; and
• Internal injuries like broken bones, nerve damage, internal bleeding, hearing loss, and vision loss.

Catastrophic injuries can come in many forms. If your injury does not fit into one of these categories, that does not mean it is not severe or catastrophic. A catastrophic injury attorney will be able to help you determine whether you have a catastrophic injury and how much compensation you may be entitled to for what you have endured.

How Do Catastrophic Injuries Occur?

There are no single specific causes of catastrophic injuries. Even something seemingly minor can have huge repercussions. For example, one car accident may result in a few bruises and a headache, while another collision at a slightly different angle or higher speed could result in paralysis. The accident does not have to be big or dramatic to result in catastrophic injuries. Here are some common events that have the potential to be life-changing:

• Standard vehicle accidents,
• Bicycle and pedestrian accidents,
• Semi-truck collisions,
• Workplace accidents,
• Motorcycle accidents,
• Medical malpractice,
• Slip and falls, and
• Product defects.

There are countless other ways that catastrophic injuries can occur. Regardless of what type of accident caused the injuries, victims will need to gather evidence to prove who was at fault and the extent of their injuries. Choosing a catastrophic injury law firm well-versed in personal injury law in New Mexico is vital.

Compensation for Catastrophic Injuries

When you have endured a catastrophic injury because of someone else’s negligent behavior, the last thing you want to have to worry about is how to make ends meet.

The legal system is designed to hold the at-fault party responsible for the damages caused by their behavior. Though no amount of money can ever reverse what has occurred, it can be a valuable resource to help you cope with your situation. In most cases, your catastrophic injuries attorney will seek two different types of compensation on your behalf.

Economic Damages

The actual monetary expenses you’ve incurred because of your injury are considered economic damages. These are usually calculated through receipts, invoices, and bills.

Future expenses may be calculated using expert testimony to explain your prognosis and what type of treatment and ongoing care can be expected. Economic damages also take your ability to work into consideration. These are some examples:

• Emergency medical care,
• Follow-up doctor visits,
• Physical therapy and other rehab treatment,
• Prescription and over-the-counter medications,
• Equipment such as a wheelchair or prosthetic devices,
• In-home care providers,
• Lost wages, and
• Future lost income.

It is important that you have a complete record of all expenses that you can provide to your catastrophic personal injury lawyer to help them have a clear understanding of your expenses.

Noneconomic Damages

Unlike economic damages, noneconomic damages are harder to quantify. These damages compensate injured victims for the physical, mental, and emotional hardships they would not have experienced without the accident. Some examples include:

• Pain and suffering,
• Post-traumatic stress,
• Emotional distress,
• Depression,
• Anxiety,
• Disfigurement, and
• Loss of enjoyment of life.

The impact of a catastrophic injury should never be underestimated. It is important that you speak openly to your catastrophic injury attorney about how the accident has changed your life. This includes physical limitations and activities you used to love but can no longer participate in. It also includes your ability to maintain your mental health with these new limitations.

How to File a Claim for Catastrophic Injuries

Each case is unique, so your legal strategy should be devised with assistance from an experienced catastrophic liability lawyer. Many catastrophic injury lawsuits, though not all, begin as insurance claims against the negligent party.

However, if a fair settlement cannot be agreed upon or the insurance policy does not provide meaningful compensation, you may decide to pursue litigation. It is important to note that you should never accept a settlement of any kind without reviewing the terms with your attorney.

Once you have accepted a settlement, even if it is far less than what you are entitled to, you cannot go back and ask for more. Your catastrophic injury attorney can help you decide on the best path to get you the compensation you are owed based on your case’s merits and the availability of evidence.

Choosing a Catastrophic Injury Attorney

You have a much better chance of receiving fair and timely compensation for your injury when seeking counsel from a catastrophic injury attorney.

The team at Tawney, Acosta & Chaparro, P.C. has significant personal injury case experience and is comfortable negotiating with insurance companies on your behalf or arguing your case in the courtroom. Our attorneys can explain the legal process and help shoulder the load during this difficult time.

Contact us to schedule a free case consultation and learn more about how we can help.