Traumatic Brain Injury Attorneys in New Mexico

TBI Can Change Your Life Forever. Our Attorneys Are Here to Help You Find Justice.

If your family member sustained a traumatic brain injury (TBI) in an accident, you are likely facing a host of serious decisions and enormous challenges. From medical care to financial questions and beyond, we understand this is one of the hardest times in your life. Finding the right attorney to help you as you consider your next steps matters.

We want to help you understand your legal options after a serious injury caused by someone else’s negligence. You have the right to compensation for damages including past and future medical bills, lost earning potential, lost wages, pain and suffering, loss of society, and more.

Those who cause the injuries are not always willing to take responsibility and pay for the harm they have caused. Our skilled TBI attorneys are here to help guide you through this process and ensure you have a fierce team of advocates on your side every step of the way. With McGinn Montoya Love Curry & Sievers PA on your side, you will get personal attention from a team that is ready to do everything we can for you.

Call our brain injury lawyers today at (505) 405-4441 to schedule a free consultation. We have been serving TBI victims in Albuquerque and all of New Mexico for 35 years.

Types of Brain Injuries

A traumatic brain injury (TBI) occurs when a sudden trauma or blow to the head disrupts the normal function of the brain. TBIs can vary widely in severity, ranging from mild concussions to severe injuries resulting in long-term cognitive or physical impairment. Here are some common types of traumatic brain injuries:

• Concussion: A concussion is a mild TBI caused by a bump, blow, or jolt to the head or body that results in the rapid movement of the brain within the skull. Concussions can lead to temporary confusion, headache, dizziness, and other symptoms.
• Diffuse Axonal Injury (DAI): DAI occurs when the brain rapidly shifts within the skull, causing widespread damage to nerve fibers (axons). This type of injury often results from high-speed impacts, such as those sustained in car accidents or falls from significant heights.
• Penetrating Injury: Penetrating injuries occur when an object pierces the skull and enters the brain tissue. These injuries can cause localized damage to the brain and may require surgical intervention to remove the foreign object and repair the damage.
• Contusion: Brain contusions are bruising of the brain tissue caused by a direct impact to the head. Contusions can lead to bleeding and swelling within the brain, potentially causing neurological deficits depending on their location and size.
• Coup-Contrecoup Injury: This type of injury occurs when the brain is injured at two opposite sides due to a single traumatic event. For example, a blow to the front of the head can cause the brain to impact the opposite side of the skull, resulting in injuries at both the site of impact (coup) and the opposite side (contrecoup).
• Second Impact Syndrome (SIS): SIS occurs when a person sustains a second traumatic brain injury before the symptoms of a previous injury have fully resolved. This can lead to rapid and severe swelling of the brain, which can be life-threatening.
• Skull Fracture: A skull fracture occurs when one or more of the bones in the skull break. Depending on the severity and location of the fracture, it can lead to further complications, such as damage to the brain tissue or blood vessels.

Common Causes of Traumatic Brain Injuries

• Car accidents
• Motorcycle accidents
• Slip and falls
• Sports accidents
• Being struck by an object

Traumatic Brain Injury Symptoms

Not all traumatic brain injuries are of equal severity, but even a TBI categorized as “mild” TBI (also known as a concussion) can have lingering symptoms that cause unexpected and debilitating consequences. People may find themselves having trouble remembering things, experiencing mood changes, noticing vision impairments, and facing other symptoms that can interfere with their ability to perform their jobs and take care of other responsibilities.

Because the brain is the control center for the entire body, TBI can affect any part of the body. These injuries can cause complications including:

• Decreased cognitive skills
• Difficulty with communication & language
• Trouble sleeping
• Hearing impairments
• Vision problems
• Dysphagia (difficulty swallowing)
• Changes to behavior
• Mental health conditions like depression and anxiety

Approximately 30% of those who suffer moderate or severe TBI will need some sort of daily assistance even after rehabilitative therapy. Many TBI patients are able to live on their own, but for some, assisted care homes or live-in caretakers are essential. These are among the considerations a TBI patient and their family must consider when looking to the future.

What Type of Evidence is Important in a TBI Claim?

In a traumatic brain injury claim, gathering and presenting compelling evidence is critical for establishing the extent of the injury, its impact on the victim's life, and the liability of the responsible party. Here are some key types of evidence that are important in a TBI claim:

• Medical Records: Detailed medical records documenting the diagnosis, treatment, and prognosis of the TBI are critical evidence. This includes emergency room records, hospitalization records, imaging studies (such as CT scans or MRIs), neurologist evaluations, and records from rehabilitation therapy.
• Expert Medical Testimony: Testimony from medical experts, such as neurologists, neuropsychologists, or rehabilitation specialists, can provide professional opinions on the nature and severity of the TBI, the expected course of recovery, and the long-term impact on the victim's health and functioning.
• Witness Statements: Eyewitness statements from individuals who observed the accident or the victim's behavior before and after the injury can help corroborate the circumstances of the incident and the symptoms experienced by the victim. These statements can include accounts from family members, friends, coworkers, or bystanders.
• Employment and Education Records: Documentation of any changes in the victim's employment status, including missed workdays, reduced productivity, or job loss due to the TBI, can demonstrate the economic impact of the injury. Similarly, records of academic performance or educational attainment may provide insight into cognitive impairments affecting the victim's ability to learn and function academically.
• Rehabilitation and Therapy Records: Records from rehabilitation therapy, cognitive therapy, physical therapy, or occupational therapy can show the efforts made by the victim to recover from the TBI and improve their functional abilities. Progress reports, treatment plans, and therapist observations may provide valuable evidence of the victim's rehabilitation journey.
• Diary or Journal Entries: Written accounts by the victim or their caregivers documenting the symptoms, challenges, and progress related to the TBI can offer a firsthand perspective on the impact of the injury on daily life. These entries can help illustrate the pain, suffering, and emotional distress experienced by the victim.
• Photographs and Videotapes: Visual evidence, such as photographs or videos of the accident scene, the victim's injuries, or their physical and cognitive challenges, can provide powerful visual documentation of the TBI and its consequences. This evidence can help jurors understand the severity of the injury and its effects on the victim's life.
• Financial Documentation: Receipts, bills, and invoices related to medical expenses, rehabilitation costs, assistive devices, and other expenses incurred as a result of the TBI can quantify the economic damages suffered by the victim and their family.
• Social Media and Electronic Communications: Social media posts, emails, text messages, and other electronic communications may contain relevant information about the accident, the victim's condition, or their activities following the injury. However, it's essential to exercise caution when accessing and presenting electronic evidence to ensure its authenticity and relevance.
• Witness Depositions: Depositions of witnesses, including medical professionals, eyewitnesses, and expert witnesses, can provide sworn testimony that can be used to support the victim's case during settlement negotiations or trial proceedings.

By compiling and presenting a comprehensive array of evidence, TBI claimants and their legal representatives can build a compelling case to support their claims for compensation and hold negligent parties accountable for their actions.

Working with Our Traumatic Brain Injury Attorneys

Aside from the emotional challenges of suffering or seeing a loved one suffer a TBI, injury victims must deal with the financial demands of treatment and the impact of not being able to work as effectively as they used to—or at all. Aside from the immediate costs of emergency care and expenses related to long-term therapies, TBI victims are more likely to suffer complications that include:

• Seizures
• Infections
• Pneumonia
• Stroke
• Epilepsy
• Degenerative diseases such as Alzheimer’s or Parkinson’s

The amount of compensation you seek you receive must account for current and future needs, including losses related to the victim’s inability to continue working or performing household services and their loss of enjoyment of life.

Your Local Brain Injury Lawyer in New Mexico

With our team on your side, you will have access to medical experts who can help map out what your future may look like. We can pinpoint the various expenses your family may face due to TBI, including the ones that are not obvious. You will also have someone to fight for you if those who caused your injuries are unwilling to take proper responsibility. Whenever we start working with a client, we prepare their case for trial and are ready to litigate. This preparation is what helps our clients get the justice they deserve. Contact us today.