New Mexico Brain Injury Information Center
Known for Winning the Toughest Cases
The cost of living with a brain injury is tremendous, with medical expenses and long-term care costs reaching hundreds of thousands or even millions of dollars over the course of a person's life. And yet, the companies often responsible for causing such injuries will attempt to settle for pennies on the dollar, leaving a survivor and their family to face an uncertain future. Our Albuquerque brain injury lawyers do not let our clients accept this fate. We fight.
Our trial lawyers have taken on the toughest opponents and won life-changing results such as:
- $557 million for a woman who suffered severe brain damage when she was struck by a Union Pacific train.
- $117 million for a pregnant woman left with brain and spinal cord injuries after an ambulance accident.
- $12.4 million for a worker who sustained a traumatic brain injury when he was struck by a UPS vehicle.
- $9.5 million for an oilfield worker who was struck in the head with a pipe, suffering a brain injury.
Verdicts and settlements at this level give our clients and their families the answers they need, peace of mind in knowing that justice was served, and the invaluable opportunity to face brighter and more stable futures.
What Is a Traumatic Brain Injury?
A brain injury, often referred to as a traumatic brain injury (TBI), occurs when an external force causes damage to the brain. This can happen due to a blow to the head, a violent jolt, or penetration of the skull by an object. Brain injuries can range from mild concussions to severe and catastrophic injuries that result in long-term or permanent disability.
Brain injuries are typically categorized based on the severity and the nature of the injury:
- Mild TBI (Concussion): Often caused by a blow to the head, a mild TBI can result in temporary confusion, headaches, dizziness, and difficulty concentrating. Repeated concussions can have serious long-term effects.
- Moderate to Severe TBI: These involve more significant brain damage and can cause prolonged unconsciousness, memory loss, impaired cognitive function, and physical disabilities. Effects may be long-lasting or permanent.
- Penetrating Brain Injury: Occurs when an object penetrates the skull and damages the brain tissue. This type of injury is often life-threatening and can result in severe cognitive and physical impairments.
- Diffuse Axonal Injury (DAI): Caused by severe rotational forces, such as those in high-speed car or truck accidents, DAI involves widespread damage to the brain’s white matter. It can lead to coma and extensive brain damage.
Why Brain Injuries Are So Serious
The brain acts as the command center in the body, controlling thought, memory, speech, motor skills, and even the function of many organs. It works with the spinal cord to send and receive information and commands throughout the body. So if the brain is damaged, its ability to perform these key functions may be compromised.
Brain injuries are catastrophic, often impacting every part of a victim’s life. Long-term effects include:
- Memory problems
- Motor function issues
- Irregular mood swings
- Headaches
- Vision problems
- Shorter life expectancy
Causes of Brain Injuries in New Mexico
Brain injuries can result from a variety of incidents, but some of the most catastrophic cases are linked to truck accidents, industrial accidents, and accidents in the oil and gas industry. These industries are prevalent in New Mexico, making it vital for residents to be aware of the risks and the importance of legal representation.
Truck Accidents
New Mexico’s highways are often traveled by large commercial trucks, which are vital to the state's economy. However, these massive vehicles can also pose significant dangers. Due to their size and weight, truck accidents are more likely to result in severe injuries, including brain injuries. When trucking companies hire inexperienced drivers, encourage hours-of-service violations, or pressure truckers to drive in heavy weather, the results can be catastrophic.
When a truck accident leads to a brain injury, victims may face a long road to recovery. A New Mexico brain injury lawyer can help you pursue compensation for all necessary care, as well as for pain and suffering, lost wages, and other damages. We represent injured motorists, passengers, pedestrians, cyclists, motorcyclists, and truckers.
Workplace & Industrial Accidents
New Mexico has a robust industrial sector, with industries ranging from manufacturing to mining. While these industries are essential to the state's economy, they also pose significant risks to workers. Industrial accidents can lead to brain injuries caused by falls from heights, machinery accidents, explosions and fires, and falling objects. Though these incidents vary in nature, they typically have one thing in common: companies that fail to prioritize worker safety.
Industrial accidents often involve complex liability issues, as multiple parties, such as employers, equipment manufacturers, and contractors, may be responsible. A brain injury attorney in New Mexico with experience in industrial accident cases can help you navigate these complexities and pursue the compensation you deserve.
Oil & Gas Industry Accidents
New Mexico is a significant player in the oil and gas industry, with extensive operations in the Permian Basin and other regions. While the industry provides economic benefits, it also poses substantial risks to workers. Accidents in the oil and gas industry can lead to severe brain injuries due to blowouts, heavy equipment accidents, transportation accidents, and exposure to toxic substances, which can cause neurological damage. Given the complexities of oilfield and oil rig accidents, it is crucial to work with a lawyer who understands the industry and can advocate for your rights.
Who Can Be Held Accountable?
The accidents that cause brain injuries do not “just happen.” They have direct and indirect causes that can be traced to negligence or wrongdoing on the part of individuals and corporations who place more value on profits than human lives, and it is consumers, motorists, workers, and other innocent people who pay the ultimate price.
The party (or parties) that may be held legally accountable in a New Mexico brain injury lawsuit will depend on the situation. It may be an employer that failed to maintain a safe workplace, a manufacturer that sold a defective product, a trucking company that pressured a driver to stay behind the wheel, or a restaurant that over-served a driver who got into an accident. By investigating the circumstances surrounding your case, we can determine accountability.
At Arnold & Itkin, we understand the devastating impact that a brain injury can have on your life. We have the experience and resources to take on even the most challenging cases. Our team is committed to outworking and outsmarting the opposition, seeking the compensation our clients need to rebuild their lives.
New Mexico Laws That Shape a Brain Injury Claim
Each state has its own laws that shape personal injury cases involving brain injuries. Understanding these rules early can help preserve evidence, lock down filing deadlines, and thwart defense attempts to shift blame.
In New Mexico, the following apply:
- Statute of Limitations: Most personal injury cases must be filed within three years of the injury. Claims against a public entity must be filed within 2 years and require a Tort Claims Notice within 90 days. That may seem like a long time, but defendants and insurance companies move quickly to counter claims and avoid liability. Acting quickly and seeking counsel from a local brain injury lawyer in New Mexico can protect your right to compensation.
- Comparative Fault: New Mexico follows pure comparative negligence. Even if the injured party is more than 50% at fault, they can recover damages; their percentage of fault will just reduce them. For example, a person who suffers a traumatic brain injury in a motorcycle accident that was 60% their fault could still recover 40% of the total amount of damages. If the total damages were $100,000, that person may be able to recover $40,000.
- No Damage Caps (General Personal Injury): Unlike many states, New Mexico does not cap damages in general personal injury actions related to traumatic brain injuries, allowing juries to award the full measure of justice without undue restriction. If the brain injury stems from malpractice, however, total damages (other than past and future medical expenses) are generally capped at $750,000.
What Compensation Is Available for Brain Injury Survivors in New Mexico?
A traumatic brain injury is not a single medical bill—it is a lifetime of new expenses and lost opportunities. When our Albuquerque brain injury lawyers build a claim, we demand recovery for every dollar the injury will cost, today and decades from now.
A successful brain injury case may include compensation for:
- Past & Future Medical Bills: This may include any funds already spent or that may be required in the future to pay for emergency surgery, ICU care, neuro-imaging, inpatient rehabilitation, outpatient therapies, prescription medications, mobility aids, and home medical equipment. Travel costs to and from medical appointments may also be covered.
- Life-Care & Household Services: Special services may be required, such as in-home nursing, personal attendants, transportation, and meal prep. Home modifications, such as ramps, widened doorways, and roll-in showers, may also be needed. We work with experts to calculate these costs and project them through our client's lifetime.
- Lost Income & Earning Capacity: A traumatic brain injury may affect a survivor's ability to earn a living. Wage statements and vocational experts can show what our client earned previously and what they would earn if uninjured. For many professionals and skilled tradespeople, this single category can climb into the millions.
- Non-Economic Damages: This can be one of the most challenging aspects of compensation to determine. For brain injury survivors, it may include pain, mental anguish, loss of enjoyment of life, and the day-to-day frustration of relearning tasks most people take for granted. New Mexico places no cap on these in non-medical malpractice cases.
- Loss of Consortium: Because of the tremendous impact that a brain injury can have on a survivor from a physical and psychological standpoint, families are also often affected. As such, spouses and dependent children in New Mexico can seek damages for the loss of the injured person’s guidance, affection, and household contributions.
- Punitive Damages: In brain injury cases involving gross negligence and egregious wrongdoing, punitive damages may be awarded to penalize the defendant and discourage similar conduct. For example, when a trucking company alters driving logs or a plant operator buries maintenance reports, we pursue punitive damages to punish and deter.
These categories add up. National Institutes of Health studies put the average lifetime cost of a severe TBI at $2.8 million–$3 million, and many clients require even more. We work to translate those needs into hard numbers a jury can trust—and a corporation can’t ignore.
Long-Term Care & Life-Care Planning: Getting the Numbers Right
Brain injury recovery is rarely linear. A survivor may look “normal” six months after the event, yet struggle with chronic fatigue, executive function deficits, and sensory overload that make full-time work impossible.
A well-crafted life-care plan accounts for this.
In working with a brain injury survivor and their family, our New Mexico personal injury attorneys will consider therapy plateaus and relapses, which may require renewed occupational, speech, and cognitive therapies. We will also take into account secondary complications such as post-traumatic epilepsy, spasticity, chronic headaches, and depression, which can occur in up to 50% of severe TBI survivors. We will even consider the impact that aging may have on brain injury survivors, who may be at a higher risk of earlier-than-average onset of Parkinson-like symptoms and dementia.
We work diligently to capture the full picture of what life may look like for our client and what they and their family will need to cope with every possibility.
Choose a Trial Firm for Your New Mexico Brain Injury Case
Insurance carriers track results. They know which firms settle cheap and which firms walk into a courtroom and demand every cent jurors will allow. Arnold & Itkin’s record-setting brain injury verdicts signal a simple truth: low-ball offers are a waste of everyone’s time. That leverage can move cases to life-changing settlements without waiting years for trial—yet we prepare as if trial is tomorrow, because that is what world-class representation demands.
Nationwide Recognition, Local Experience: Our New Mexico Brain Injury Attorneys
Although we are known nationwide, we have a deep understanding of the unique challenges faced by clients in Albuquerque, Santa Fe, Las Cruces, and all of New Mexico. If you or a loved one has suffered a brain injury due to someone else’s negligence, we are standing by to help. We level the playing field between large corporations and the people they harm. When you are in the fight of your life, we are here to help you win.
Contact Arnold & Itkin today to schedule a free consultation with a New Mexico brain injury attorney: (888) 493-1629.
