People who survive a traumatic brain injury (TBI) often face challenges for the rest of their lives, and sometimes must relearn various physical and mental skills. Survivors who lose some, or all, of their personal independence may also face the challenge of affording daily care and medical treatment. At Cassidy Baca, P.C., we help those who have suffered a TBI due to an accident recover their damages.
by Mary Catherine L. Baca, Esq.
Filing a TBI Claim in New Mexico
When you have been injured through the fault of another person, you have the right to seek compensation from the at-fault party. In New Mexico, a claim for damages related to a traumatic brain injury may be brought by the person who was injured. The experienced and compassionate attorneys at Cassidy Baca, P.C. can help you or someone you know understand the claim process and seek fair compensation whether the injury was the result of a car accident, truck wreck, or other commercial vehicle collision.
New Mexico and the United States
On average, over 16,000 people are injured in non-fatal motor vehicle traffic crashes in New Mexico each year, according to one study published here.
In 2016, 537 people in New Mexico died from a traumatic brain injury, click here to read more. In the the same year, more than 700 people in New Mexico were hospitalized with a diagnosed traumatic brain injury.
In New Mexico and the United States, Approximately 7%-8% of Students in High School Say They Never, or Rarely, Wear a Seat Belt. Source.
The Centers for Disease Control and Prevention (CDC) tracks motor vehicle deaths. According to the CDC, almost 200 Americans died each day from a TBI-related injury in 2021. Source.
TBI is a Major Cause of Death and Disability
The Centers for Disease Control and Prevention, National Center for Injury Prevention and Control’s 2015 Report to Congress on traumatic brain injury in the United States highlights this issue. The CDC also reports in 2020, almost 41,000 people died in a motor vehicle crash in the United States, the roughly equivalent to 110 people being killed in crashes every day.
Deaths from crashes in 2020 in the United States resulted in over $430 billion in medical and other costs. Source: Centers for Disease Control and Prevention, National Center for Injury Prevention and Control.
How are TBI’s Caused?
At Cassidy Baca, P.C., our local attorneys have experience seeking, and gaining, fair compensation for injuries resulting from different types of accidents, including:
- Car accident
- Truck accident
- Motorcycle accident
- Falls
- Rollovers
- Head-on Collisions
- Wrecks with Pedestrians or Bicyclists
- Workplace accidents
- ATV off roading
TBI Frequently Asked Questions
What to do After a Car Accident in Albuquerque
According to the National Institute of Neurological Disorders and Stroke (“NINDS”), a traumatic brain injury (TBI) can be caused by a “forceful bump, blow, or jolt to the head or body, or from an object that pierces the skull and enters the brain. Not all blows or jolts to the head result in a TBI.” The NINDS further identifies two broad types of head injuries, Penetrating and Non-Penetrating, which may occur simultaneously or separately in the same person, depending on the injury. Often different tools, such as an MRI, are used to help diagnose a TBI.
- A mild TBI or concussion are serious and must be diagnosed by a medical professional. A mild TBI is caused by:
- A bump to the head, blow, or jolt to the head, or
- By a hit to the body that causes the head and brain to move quickly back and forth
The sudden movement can cause the brain to bounce around, or twist inside, the survivor’s skull. It can also cause chemical changes in the brain, as well as stretched and damaged brain cells.
- Moderate and severe TBI’s, penetrating or non-penetrating, can be life-threatening. These types of TBI’s may lead to long-term or life-long health problems. Some professionals have described living with moderate to severe TBI is like living with a chronic disease. MaselBE, DeWitt D. Traumatic brain injury: a disease process, not an event. J Neurotrauma. 2010;27(8):1529-1540.
Ongoing help and care may be required for someone diagnosed with a moderate TBI.
If you are unable to visit a healthcare provider in person, try scheduling a telemedicine or telehealth consultation with a medical professional. Your provider may perform some tests to help determine the effects of a brain injury.
What the Symptoms of Mild Tbi and Concussion According to the Cdc?
Recurrent Brain Injuries
People with a history of multiple or repeated concussions or mild TBI’s may experience more severe symptoms and/or longer recovery times, and may have other long-term problems with concentration, memory, headaches, physical problems, and balance, according to the Centers for Disease Control and Prevention, National Center for Injury Prevention and Control 2015 Report to Congress on traumatic brain injury in the United States. Source
Adults
The CDC says, “In rare cases, a dangerous blood clot that crowds the brain against the skull can develop. The people checking on you should call 9-1-1 or take you to an emergency department right away if you:
- Have a headache that gets worse and does not go away; or
- Experience weakness, numbness, decreased coordination, convulsions, or seizures; or
- Vomit repeatedly; or
- Have slurred speech or unusual behavior; or
- Have one pupil (the black part in the middle of the eye) larger than the other; or
- Cannot recognize people or places, get confused, restless, or agitated; or
- Lose consciousness, look very drowsy or cannot wake up”
Children
The CDC says, “Call 9-1-1 or take your child to the emergency department right away if they received a bump, blow, or jolt to the head or body, and:
- Have any of the danger signs for adults listed for adults; or
- Will not stop crying and are inconsolable; or
- Will not nurse or eat”
Download the Cdc’s “buckle Up: Restraint Use” New Mexico State Fact Sheet
According to the CDC, “seat belts saved nearly 15,000 lives in 2017 alone, it is estimated that an additional 2,549 lives could have been saved (among people 5 years and older) if all motor vehicle occupants were restrained on every trip.” https://www.cdc.gov/transportationsafety/seatbelts/states.html
Are There Any Time Limits for Filing a TBI Claim?
Generally, a claim for injuries must be made before the expiration of the “statute of limitations,” otherwise the injured person will forever be barred from pursuing any claim for compensation. This time limit may vary, depending on the party who caused the injury. For example, when making a claim in New Mexico against a government entity, generally, the injured person must file a Notice of Tort Claim within 90 days of the date of the injury. An experienced attorney can quickly advise an injured person and guide her when making a claim for fair compensation for injuries.
What to Do When Insurance Companies Call
Sometimes insurance companies seek to minimize the amount of money they pay for the injuries caused by the people and businesses they insure. When you speak to an insurance company about your injuries and treatment, you may inadvertently help them deny your claim for compensation. In order to maintain your best legal case, we usually advise you to speak with an attorney before speaking with any insurance company. An attorney can help you understand what information the insurance company is permitted to request from you. Simply put, saying little-to-nothing to the insurance company, or companies, is likely in your best interest until you receive an experienced attorney’s advice.
Why Choose Cassidy Baca, P.C. for your Brain Injury Claim?
The partners at Cassidy Baca, P.C. are devoted to client satisfaction, and we lead teams of professionals who put clients’ needs first. Our attorneys’ years of experience advocating for injured people against some of the largest companies can be leveraged to help you seek the fair compensation you deserve. Our attorneys will help gather important medical records, identify the appropriate at-fault party, if possible, and prove how your brain injury has affected your life. Importantly, your attorney will take your battle to court, if necessary, to seek reasonable compensation for the fair value of your economic and non-economic losses.
Experienced Car Accident Lawyer Are Ready to Answer Your Questions
Contact us today for more information, and you will receive a free consultation, and possibly an opportunity to work with New Mexico’s premier brain injury attorneys.
Communities We Proudly Serve Near Albuquerque & Santa Fe, New Mexico
- Northeast Heights
- Corrales
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- North Valley
- 4th Street
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- Westside
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Speak with an Experienced Severe Injury Lawyer in Albuquerque Right Away.
If you have been severely injured in an auto accident, car crash, or truck collision in Sandoval County, contact our Albuquerque Injury attorneys for a free case evaluation today.