Representing the Rights of Serious Injury Victims in Albuquerque
A brain injury can affect a wide range of short and long-term functions. Depending on the extent of the injury, a person may need intense traumatic care, specialized rehabilitation, and lifelong injury management. At Parnall Law Firm, LLC, our Albuquerque injury attorneys understand the impact a brain injury can have on you physically, psychologically, and financially. Since 1997, we have helped the injured and their families seek the compensation they need to move forward after a traumatic injury. If you sustained a serious brain injury, we can provide the representation you need to pursue a claim against the party who harmed you. Contact us today to learn more.
Brain injuries occur when an object impacts or penetrates the head. A closed brain injury occurs when the brain moves violently inside the skull. If an object enters the skull, it is a penetrating brain injury. Both types of injury can cause serious motor, cognitive, and sensory damage.
Falls and motor vehicle crashes are the top causes of brain injuries, according to the Centers for Disease Control. A brain injury victim may end up with limited use of his or her arms or legs, difficulty communicating, and behavioral changes. In the most serious cases, a brain injury can lead to death. The CDC estimates that nearly 32 percent of traumatic brain injury deaths are attributed to traffic-related accidents.
Some brain injuries are obvious, such as penetrating injuries, or where a person immediately loses consciousness. Other brain injuries can be difficult to diagnose initially. If you are in a traffic accident or slip and fall, you should look out for potential signs of a brain injury, such as confusion, headache or lightheadedness, repeated vomiting, and weakness in the extremities.
Brain Injury and Accident Liability
If you believe another person is responsible for your brain injury, you can initiate a New Mexico personal injury claim to hold the party accountable. To hold the defendant in your case liable, you have to prove liability under the appropriate legal theory.
Most brain injuries are caused by falls and motor vehicle or traffic accidents. These accidents are usually caused by negligence. Negligence is a legal theory under which a party may be liable for damages if his or her actions (or failure to act when required to do so) caused the injuries. Negligence requires that the plaintiff show:
- Defendant’s duty of care (such as a motorist’s obligation to use reasonable care when driving);
- Defendant’s breach of the duty (by failing to yield, for example); and
- Defendant’s causation of injury (the plaintiff was injured because the defendant failed to yield).
If a fall caused your injury, you may have a claim against the property owner. You must first establish your visitor status under premises liability, which will determine the property owner’s standard of care. For example, if you were shopping at the property owner’s store when you fell and suffered a brain injury, then the property owner owed you a higher standard of care than it would owe an adult trespasser, to whom the property owner likely owes no duty of care.
Compensation For A Brain Injury
A brain injury can have lifelong consequences. You may be able to get compensation to cover a number of injury-related costs. You can possibly obtain compensation for your current and future medical expenses, such as hospitalizations, surgery, and physical, occupational, or speech therapies; any lost income and loss in earning capacity; pain and suffering; and more. If a close relative succumbed to a brain injury in an accident, you can possibly recover damages through a wrongful death suit. You can potentially obtain compensation for your relative’s medical and funeral bills; loss of companionship; and more. New Mexico requires that you file your claim within three years from when the injury occurred.
Experienced Albuquerque Brain Injury Law Firm Fighting For You
Bert Parnall and the Albuquerque personal injury lawyers at Parnall Law Firm, LLC offer tenacious and seasoned advocacy to brain injury victims. We provide our clients with comprehensive and aggressive representation in their personal injury matters. Our attorneys are experienced litigators who have handled a broad range of injury claims. We can help you seek damages from the party responsible for your brain injury. Call us at 505-268-6500 or contact us via our online form for a free and confidential consultation.