A spinal cord injury can change nearly every part of life, from medical needs and rehabilitation to work, transportation, and family responsibilities. If your injury was caused by someone else’s carelessness, you deserve answers and a path forward. Pofahl Law Firm, P.C., based in Albuquerque, helps people across New Mexico pursue compensation to cover medical care, in‑home assistance, adaptive equipment, lost income, and future life‑care planning. Attorney Brady Pofahl personally guides clients through the process, focusing on clear communication and steady advocacy. We work to gather the right evidence, document the full scope of harm, and present your story persuasively to insurers or a jury when needed.
Serious spinal injuries often require surgery, extended hospitalizations, and ongoing therapy, with costs that stretch far beyond initial treatment. Having a dedicated advocate helps ensure critical evidence is preserved, witnesses are contacted, and the full medical picture is documented from the start. Strong advocacy can also uncover multiple insurance policies, pursue negligent companies, and account for future needs such as home modifications, assistive technology, and attendant care. By clearly presenting liability and damages, we work to level the playing field against insurers and defense teams, seeking fair compensation that reflects both current challenges and the lifelong impact on mobility, independence, employment, and family life.
Negligence means failing to use reasonable care under the circumstances and causing harm to another. In spinal cord injury cases, negligence can include distracted or impaired driving, unsafe property conditions, or releasing a dangerous product into the marketplace. To prove negligence, we establish duty, breach, causation, and damages using evidence such as photos, medical records, and professional opinions. The focus is on whether a person or company acted unreasonably compared to what a careful person or business would have done. When that failure leads to injury, the negligent party can be held financially responsible for the losses that follow.
A statute of limitations is the legal deadline to file a lawsuit. If you miss it, your claim may be barred, regardless of its strength. In New Mexico, most personal injury claims must be filed within three years, though there are exceptions and special rules for government entities and certain claims. Because evidence can fade and witnesses become harder to locate, moving quickly is important even when the deadline seems far away. Contacting a lawyer early helps protect your rights, ensures timely notices, and allows the team to investigate, gather records, and prepare a case strategy before critical time limits expire.
Comparative fault is a rule that assigns responsibility among everyone involved in an incident. New Mexico uses pure comparative fault, which means each party is assigned a percentage of fault, and damages are reduced by that percentage. Even if you are found partly at fault, you can still recover compensation for the portion attributable to others. Insurance companies often argue about percentages to minimize payouts. Clear evidence, careful documentation, and strong advocacy help ensure fault is fairly allocated, reflecting what actually happened and the choices that led to the injury. The more accurately fault is assessed, the fairer the outcome.
Damages represent the losses caused by an injury. They include medical bills, rehabilitation costs, lost wages, diminished earning capacity, and the human impact of pain, suffering, and loss of life’s pleasures. In spinal cord injury cases, damages often extend into the future, covering in‑home care, mobility devices, home or vehicle modifications, and ongoing therapies. Documenting damages requires thorough medical records, expert opinions on future care, and proof of how the injury affects daily living and work. The goal is to present a complete picture so a settlement or verdict adequately supports immediate recovery and long‑term independence and well‑being.
Keep detailed records of medical visits, diagnoses, treatment plans, and out‑of‑pocket costs, and save receipts for home care and mobility equipment. Maintain a journal describing symptoms, limitations, and the ways your injury affects work, family life, and sleep, because those details help show how your life has changed. Gather photos of the scene, visible injuries, and property damage, and store everything in one secure place so your legal team can build a complete, persuasive presentation of your losses.
Attend all appointments, follow physician recommendations, and complete prescribed therapies, because consistent care supports your recovery and demonstrates your commitment to healing. If a treatment causes problems or feels unhelpful, talk with your providers and document those conversations rather than skipping care. Insurers scrutinize medical compliance, so clear records of your efforts can strengthen your claim and help ensure the future care you need is recognized and properly valued.
Insurers may offer a quick settlement before the full extent of your needs is known, which can leave you without resources later. Do not sign releases or give recorded statements without understanding the consequences and your long‑term medical outlook. Waiting to evaluate future care, mobility needs, and employment impact helps ensure any resolution fairly accounts for both immediate losses and the lifetime costs that may follow.
When an injury results in paralysis, significant mobility limits, or permanent neurological changes, you need a strategy that accounts for future care and independence. Comprehensive representation coordinates life‑care planning, vocational analysis, and medical opinions to estimate future costs and ensure nothing is overlooked. This approach also helps present your story in a way that connects the medical evidence to daily life, work potential, relationships, and the assistance required to move forward.
In complex crashes, commercial vehicle collisions, or incidents involving property owners and contractors, several parties may share responsibility and dispute fault. Full representation brings resources to secure evidence, analyze insurance coverage, and manage competing narratives that insurers often use to reduce payments. Careful coordination ensures timely claims against each party, preservation of electronic data, and a unified damages picture that reflects how the incident truly occurred and what it will cost over time.
If liability is straightforward and coverage is clearly sufficient, targeted help with documentation and settlement negotiations may resolve the claim efficiently. In these cases, the focus is on organizing records, clarifying the medical timeline, and presenting damages in a concise, well‑supported package. This limited approach may keep costs down while still ensuring the insurer recognizes the full range of losses and pays a fair amount without unnecessary delay.
When symptoms improve quickly and physicians project a good recovery with minimal ongoing care, a streamlined claim process can be appropriate. The emphasis remains on accurate medical documentation and prompt communication with the insurer so the case does not stall. Even in simpler matters, timely action and organized records help avoid undervaluation and support a resolution that reflects treatment costs, time off work, and lingering limitations.
High‑energy collisions can transmit powerful forces through the spine, leading to fractures, disc injuries, and damage to the spinal cord that may result in paralysis or lasting neurological deficits, especially when speed, distraction, or impaired driving is involved. Thorough investigation of vehicle data, scene evidence, and commercial carrier records can reveal preventable choices that caused the crash and help identify all available coverage to support long‑term medical and life‑care needs.
Falls from heights, unsafe stairways, broken handrails, and unmarked hazards can cause spinal trauma with sudden and severe consequences for mobility and independence, particularly when property owners ignore maintenance or basic safety practices. Careful documentation of the hazard, prior complaints, inspection records, and surveillance footage can demonstrate notice and responsibility, supporting a claim that addresses emergency care, rehabilitation, home modifications, and necessary supportive services.
Defective vehicles, safety equipment, or consumer products can fail at critical moments, causing catastrophic spinal harm even during ordinary use that should be safe for the public. Product liability claims focus on design, manufacturing, and warnings, and may involve multiple companies and insurance policies, making early evidence preservation, expert testing, and coordinated strategy essential to reveal what went wrong and how it should have been prevented.
We understand the medical, financial, and family challenges that follow a spinal cord injury, and we work to lighten that load from day one. Our team coordinates with your providers, gathers essential evidence, and builds a complete damages picture that includes future care, mobility, and independence. We keep communication clear and consistent, so you always know what comes next and why. By focusing on both accountability and long‑term needs, we aim to secure resources that support rehabilitation, dignity, and stability, whether through a negotiated settlement or a trial when necessary to seek a fair outcome.
Prioritize medical care, follow emergency guidance, and request all diagnostic testing your providers recommend, including imaging that documents spinal trauma. If you are able, or a family member can assist, preserve evidence by photographing the scene, vehicles, hazards, and visible injuries, and gather witness names and contact information. Ask a trusted person to secure damaged equipment or clothing and to keep your medical paperwork organized from the start, as early documentation supports both care decisions and your legal claim. Avoid giving recorded statements or signing releases before you understand the scope of your injuries and insurance coverage. Contact a personal injury attorney promptly so deadlines are tracked, evidence is preserved, and a plan is set for medical coordination and financial recovery. Your legal team can communicate with insurers, help document losses, and guide you through next steps, giving you space to focus on treatment and family while your rights remain protected.
Fault is determined through evidence that shows how the incident happened and whether reasonable care was used. Investigations often include crash reports, scene photos, surveillance footage, vehicle data, company policies, maintenance records, and witness statements, along with expert analysis when needed. In property or product cases, proof may include inspection logs, prior complaints, design documents, or testing. Together, this information reveals whether actions or omissions fell short of accepted safety practices and caused the injury. New Mexico uses pure comparative fault, which assigns each party a percentage of responsibility based on their conduct. Your compensation is then reduced by your share of fault, if any. Insurers may dispute percentages to minimize payouts, so methodical evidence collection and clear presentation are essential. A strong strategy connects liability to the real‑world consequences for your health, mobility, work, and independence, helping ensure accountability is fairly assessed and documented.
Compensation in spinal cord injury cases can include medical expenses, hospitalization, surgeries, medications, rehabilitation, and assistive devices, as well as future care such as in‑home support, therapy, and home or vehicle modifications. Economic losses also cover missed wages and diminished earning capacity if the injury affects your ability to work. Non‑economic damages address pain, suffering, and loss of life’s pleasures that accompany permanent limitations and ongoing symptoms. Because these injuries often affect every part of daily life, a complete damages picture looks beyond current bills to long‑term needs and the costs of maintaining safety and independence. Documentation from treating providers, life‑care planners, and vocational experts helps translate medical realities into projected expenses and losses. The goal is to secure resources that support rehabilitation, stability, and dignity, recognizing the full impact on mobility, relationships, and future opportunities.
Most New Mexico personal injury claims must be filed within three years from the date of injury, but there are exceptions, especially for claims involving government entities that require rapid notice. Time limits can also be affected by the type of claim and the injured person’s circumstances. Because evidence can disappear and memories fade, it is wise to act well before any deadline so your case can be investigated and prepared properly. Meeting with a lawyer early allows your team to identify applicable deadlines, send preservation letters, and start gathering the records and expert input needed to support your claim. Even while you are still in treatment, timely legal steps can protect your rights and keep your options open. Waiting too long risks losing leverage, missing evidence, or running out of time entirely, so prompt action is an important part of a sound recovery plan.
You are not required to provide a recorded statement to the other driver’s insurer, and doing so early can harm your claim if your symptoms are still developing. Insurance representatives are trained to ask questions that minimize liability and damages, and they may request broad medical authorizations that expose unrelated history. It is reasonable to decline until you have legal guidance and a clearer medical picture. An attorney can communicate with insurers on your behalf, control the flow of information, and ensure your statements are accurate and complete. When the time is right, your team will present the records and damages documentation needed to move negotiations forward. This approach helps prevent misunderstandings, protects your privacy, and keeps the focus on fair compensation that reflects both immediate costs and the future care your condition may require.
Long‑term needs are typically calculated with a life‑care plan developed by qualified professionals who review your diagnoses, prognosis, functional limits, and likely complications. The plan outlines projected costs for medical providers, therapies, medications, equipment, home health aides, transportation, and home or vehicle modifications. It also considers replacement schedules for equipment and inflation so the plan remains realistic as years pass. Vocational experts may evaluate how the injury affects your ability to work, including retraining, accommodations, or reduced hours. Together with your treating physicians, these professionals help quantify the resources required to maintain health, safety, and independence. A thorough plan gives insurers and juries a concrete roadmap of future costs, helping ensure any settlement or verdict adequately supports your life moving forward and prevents shortfalls in care.
Many spinal cord injury cases resolve through settlement after the evidence is exchanged and the damages picture is well developed. Settlements can provide faster resolution and more certainty, which helps families plan for care and housing. However, if liability is disputed or an insurer undervalues the claim, moving toward trial may be the best way to seek fair compensation that matches the severity of the injury and its lifelong impact. Whether a case settles or proceeds to trial depends on the strength of the evidence, available insurance, and the parties’ willingness to negotiate realistically. Your legal team will prepare for both paths, building the case as if it will be tried while exploring opportunities to resolve it efficiently. This dual approach often improves negotiation outcomes and ensures readiness if a courtroom presentation becomes necessary to pursue justice.
Under New Mexico’s pure comparative fault system, you can still recover damages even if you share some responsibility for the incident. Your compensation is reduced by your percentage of fault, which is determined by the evidence and, if needed, a jury. Insurers often try to shift more fault to injured people, so documenting safety measures you took and decisions others failed to make can be very important. Clear, consistent evidence helps ensure fault is fairly assigned. Vehicle data, witness accounts, photos, and expert analysis can clarify how the crash or fall actually occurred. Your legal team will present the facts in context, showing how each party’s choices contributed to the outcome. Even when fault is shared, a carefully prepared case can still lead to meaningful recovery that supports medical care and long‑term needs.
Case value depends on many factors, including the severity of injuries, liability, available insurance, and the projected costs of future care and lost earning capacity. Spinal cord injuries often involve significant non‑economic damages for pain, suffering, and loss of enjoyment of life, which reflect the human impact of permanent limitations. The more complete and credible the evidence, the more accurately value can be assessed. Because every case is unique, estimates given too early may be unreliable. A careful evaluation considers medical records, life‑care planning, vocational reports, and how the injury affects your specific goals and independence. Once the evidence is developed, your attorney can provide a range informed by similar outcomes and the unique facts of your case. The aim is to secure resources that support stability, dignity, and long‑term well‑being.
Right now, your family needs clear guidance and reliable support. We can step in to handle insurance communications, preserve evidence, and coordinate records so you can concentrate on medical decisions and day‑to‑day needs. We will help you track expenses, organize benefits and liens, and set a plan for documenting the full impact of the injury on work, mobility, and family life. Our goal is to reduce stress and protect your rights from the outset. We offer free consultations and contingency‑fee representation, so there is no attorney’s fee unless we obtain a recovery. From our Albuquerque office, we serve clients throughout New Mexico and can meet in person, by phone, or virtually to fit your circumstances. Call (505) 720‑1030 to discuss your situation and the steps we can take immediately to safeguard your claim and support your path forward.