New Mexico Brain Injury Lawyer

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If you have suffered a brain injury in the state of New Mexico, especially if the accident or circumstances which led to your injury was due to the negligence of another person or a company, you may have a personal injury lawsuit. After you've seen your doctor for a full medical workup, you should contact a personal injury lawyer who specializes in brain injuries.

The brain is a particularly vulnerable part of the body, and does not have the same ability as other parts to heal itself after an injury. Even if the injured person does recover from a traumatic brain injury, it is likely that there will be permanent changes or damages to their cognitive or physical functions. Effects of injury to the brain are more complex, more serious, and more long-lasting that other injuries.

There are several different types of brain injuries and each of them different in terms or severity and rehabilitation ability.

Open head: also referred to as penetrating brain injuries. It is characterized by a break in the skull bone, a bullet wound piercing the skull is a prime example of this type of injury.

Closed head: brain injuries that occur most often as a result of the slamming of the brain back and forth inside the skull, bruising and/ or tearing of blood vessels and tissues are signs of this type of injury. Closed head injuries are completely internal and do not exist outside the skull bone.

Deceleration: injuries occurring as a result of a sudden stoppage in movement that causes your skull to stop and your brain to continue to move. This horrific type of injury results in direct brain damage, due to nerve damage and brain swelling.

Hypoxia: another form of brain injury, it refers to decrease oxygen flow to the brain even if there id adequate blood flow. Asphyxiation, drowning, cardiac arrest, head trauma, carbon monoxide poisoning and anesthesia complications are accidents that can cause hypoxia.

In order to have a valid case in the state of New Mexico, you have to prove that the person who caused the injury was negligent and failed to use reasonable care. You must prove that you have suffered an injury, that the other person's failure to use reasonable care caused your injury, and that the person failed to to take care of you and ensure your safety.

Under the state of New Mexico comparative negligent law, if you are careless or your carelessness caused the injury, the amount you can recover will be reduced. New Mexico allows the pure comparative fault law which states that you can recover even if you are 99% at fault for the injury. However, your monetary damages depend on the degree to which you were at fault. If more than one person is involved in the injury, each person found negligent is responsible for a portion of the total damages.

In the state of New Mexico, the statute of limitations is three years to file a lawsuit against the individual who caused you injury. If your brain injury lawyer is not able to settle the case with the insurance company, then you will have to file a lawsuit before the statute of limitation runs out.

Under New Mexico law, the person who caused you injury has to pay for your past, current and future estimated medical expenses, time lost from work, including time spent to meet medical appointments and therapy, the cost of hiring anyone to help you, any permanent disability, emotional distress, and any future earning ability lost due to the injury.


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