Slate's Law Blog What Should I Know About Filing a Brain Injury Claim?

Brain Injury Claim: Accidents across New Mexico can result in severe personal injuries, including debilitating traumatic brain injuries (TBIs). After a TBI, it can be difficult to know what steps you must take in order to receive compensation, and what common mistakes to avoid that could end up harming your case or limiting your ability to receive damages from the negligent or otherwise at-fault party. The following are some key things you should know about filing a personal injury claim for losses resulting from a traumatic brain injury.

Seek Medical Attention Quickly Even if You Do Not Think Your Brain Injury Claim is Serious

First, and most importantly, you should seek medical attention if you think you have sustained a brain injury or other head trauma. According to the Mayo Clinic, TBIs (or Brian Injury Claim) can vary widely in terms of severity, and sometimes these injuries do not produce symptoms for hours or even days after the initial traumatic event. Concussions, which are a form of mild traumatic brain injury, might not be obvious until a healthcare provider has made a diagnosis. Other moderate and severe TBIs can be life-threatening in the short-term if they are not treated properly.

You will need to seek medical attention for your traumatic brain injury in order to have the best chance at recovery for your Brian Injury Claim, but you will also need to seek medical attention for two essential reasons related to your TBI personal injury claim:

  • You will need medical evidence that proves the brain injury occurred in the time and manner you are arguing in your brain injury claim; and
  • You will need to show that you did not play a role in the severity of your own injury by waiting too long to seek treatment.

Your medical records will be a critical component of your Brain Injury Claim since they will go toward proving your version of the accident that led to your brain injury. Under New Mexico’s comparative fault law, your damages award could be reduced by your own percentage of fault if the defendant successfully argues that you waited too long to seek medical treatment and that your TBI worsened as a result. As such, you need to see a doctor as soon as possible.

Make Sure to File Your Claim in a Timely Manner

When you are dealing with medical appointments and rehabilitative therapy, it can be difficult to keep track of time and to consider the added stress of filing a lawsuit. Yet it is critical to know that New Mexico law only gives you a short time window in which to file a brain injury lawsuit. The statute of limitations for most personal injury lawsuits is three years, and the clock will start to tick in most cases on the date of the injury. There are some exceptions, but you should never assume you will have additional time. Failing to file a lawsuit within that time frame can result in your case becoming time-barred under New Mexico law.

Seek Advice From a New Mexico Personal Injury Attorney

If you suffered a traumatic brain injury and need assistance filing a claim, one of our experienced Santa Fe personal injury attorneys can help. Contact Slate Stern Law to get started on your case.


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