Accidents in Santa Fe have many different causes, and liability will depend upon where and how the injury occurred. In order for a person in an accident to be eligible to file a claim after an accident, the accident must have caused an injury in which the person suffered damages, and the injured person must be able to prove that the accident resulted from another party’s negligence. Accidental head injuries, including traumatic brain injuries (TBIs), occur with some frequency in many different types of accidents in New Mexico. The following are five things you should know about accidental brain injuries and filing a claim for compensation.
1. Brain Injuries Range Widely in Terms of Severity
Traumatic brain injuries can range very widely in terms of their severity. According to MedlinePlus, TBIs can be mild, moderate, or severe. Even mild traumatic brain injuries are serious, though, and need to be treated accordingly. Concussions are a form of mild TBI, and while most patients ultimately do recover from a concussion, some people can experience long-term effects. Studies also suggest that multiple concussions can have devastating effects many years later, including chronic traumatic encephalopathy (CTE), especially for athletes who have been involved in contact sports and have sustained multiple concussions.
Moderate and severe TBIs can be life-threatening injuries. Symptoms can be both physical and psychological, and patients can go into comas or die from head trauma.
2. TBIs Can Occur in Many Different Kinds of Accidents
Brain injuries can occur in many different kinds of accidents. MedlinePlus reports that falls, motor vehicle accidents, and sports injuries are the most common causes of TBIs. In older adults, especially those aged 65 and up, falls are a common cause of concussions and moderate to severe traumatic brain injuries. In younger adults and children, car crashes are the most common cause of TBIs. It is important to know that TBIs also result from intentional acts, including abuse or being hit in the head with a weapon, such as a blunt object or a bullet.
3. Symptoms of Brain Injuries Can Vary Widely
Depending upon the severity of the brain injury and other factors, symptoms can vary widely. Common symptoms include headache, confusion, dizziness, blurry vision, ringing in the ears, fatigue, sleep changes, behavioral changes, or memory and concentration problems. More severe TBIs can cause seizures, vomiting, slurred speech, and other more pronounced signs.
4. Your Own Negligence Could Affect Your Payout
If you are partially to blame for the accident that resulted in your TBI, you can still obtain compensation but New Mexico’s pure comparative fault rule will result in your damages award being reduced by your percentage of fault.
5. Most Brain Injury Lawsuits Must be Filed Within Three Years
The statute of limitations for most types of personal injury lawsuits in New Mexico is three years. As such, most brain injury lawsuits must be filed within three years from the date of the injury.
Contact Our Santa Fe Personal Injury Lawyers
If you suffered a brain injury in an accident in New Mexico, you should seek advice from an experienced Santa Fe personal injury attorney who can help you to file a claim. Traumatic brain injuries can result in immense losses, and it is essential to do everything you can to seek the compensation you deserve. Contact Slate Stern Law to learn more about how we can assist you.