Traumatic Brain Injury TBI Lawyer In New Mexico

Key TBI Terms and Definitions

Traumatic Brain Injury (TBI)

A traumatic brain injury is a disruption of normal brain function caused by an external force, such as a collision, fall, or blow to the head. TBIs range from mild to severe and may occur even when imaging appears normal. Symptoms can include headaches, confusion, balance problems, fatigue, memory issues, and changes in mood or sleep. Mild TBIs (often called concussions) may resolve with rest and treatment, while moderate to severe injuries can lead to long-term challenges. In legal claims, medical records, consistent symptom reporting, and professional evaluations are key to showing how the injury affects daily living and work.

Glasgow Coma Scale (GCS)

The Glasgow Coma Scale is a clinical tool that measures a person’s level of consciousness after a head injury. Providers assess eye opening, verbal responses, and motor responses to produce a score between 3 and 15. Generally, scores of 13–15 suggest a mild injury, 9–12 moderate, and 8 or below severe. While useful in emergency settings, the GCS does not capture every symptom, especially those that appear later, such as cognitive fatigue or sensitivity to light. In claims, the GCS is one piece of evidence, typically combined with imaging, specialist notes, neuropsychological testing, and the patient’s ongoing symptom history.

Loss of Consciousness (LOC)

Loss of consciousness is a temporary state in which a person becomes unresponsive after a head impact or rapid movement of the brain. LOC can last seconds or longer and may be followed by disorientation or memory gaps. Although LOC can indicate a more significant injury, its absence does not rule out a TBI. Many people with concussions never lose consciousness yet still experience headaches, difficulty concentrating, and sleep disruption. In legal matters, accurate reporting of any LOC—along with witness accounts and medical records—helps clarify the mechanism of injury, support the diagnosis, and demonstrate the seriousness of the event to insurers or a jury.

Post-Concussion Syndrome (PCS)

Post-concussion syndrome refers to a cluster of symptoms that persist beyond the expected recovery period after a concussion. People may experience headaches, dizziness, sensitivity to light or noise, memory or attention problems, and mood changes. PCS can interfere with work, school, and daily tasks that require focus or stamina. Diagnosis is based on clinical evaluation and reported symptoms rather than a single test. In the claims process, documenting how PCS affects routine activities and employment is essential. Consistent treatment and transparent communication with providers can help validate the condition and support appropriate compensation for ongoing limitations and care needs.

PRO TIPS

Document Symptoms Daily

Keep a simple daily log of headaches, sleep quality, light sensitivity, and concentration issues, noting what makes symptoms better or worse. This record helps your providers fine-tune treatment and gives insurers a clear timeline that connects the injury to real-life challenges. Consistent documentation can strengthen your claim by showing the pattern, intensity, and persistence of symptoms in your own words.

Follow Medical Advice

Attend appointments, follow activity restrictions, and take medications as prescribed, noting any side effects. Consistent care supports healing and creates a trustworthy medical record that shows you are doing your part to recover. If a treatment plan is not working, talk to your provider about alternatives so updates are documented and your progress remains clear.

Preserve Evidence Early

Save photos, videos, damaged items, and witness contact information as soon as possible after the incident. Request copies of incident or crash reports and keep all medical paperwork together in one folder or digital file. Early preservation prevents disputes later and allows your legal team to present solid proof when negotiating with insurers or preparing for trial.

Comparing Your Legal Options in a TBI Case

When Full Representation Protects You:

Severe or Lasting Symptoms

When symptoms interfere with work, school, or independence, full representation can help coordinate evidence and advocate for long-term care. Comprehensive support allows your team to consult with providers, gather neuropsychological testing, and project future needs like therapy or accommodations. This approach builds a complete picture for insurers and juries, helping to value both present losses and the injury’s ongoing impact.

High Medical Bills and Lost Income

Significant medical expenses, time off work, or reduced earning capacity call for careful preparation and negotiation. A thorough case can document every bill, benefit, and wage record, while explaining how cognitive fatigue or dizziness limits job performance. This clarity can prevent undervaluing your claim and ensure decision-makers address both financial harm and daily challenges tied to the brain injury.

When Limited Help May Work:

Minor Symptoms with Quick Recovery

If symptoms are mild, resolve quickly, and your providers clear you to return to normal activities, a narrower approach may fit. In these cases, a demand package with concise medical records, brief wage documentation, and a focused narrative may be enough. The goal is efficiency: present a clean file that supports a prompt, fair resolution without unnecessary delay or cost.

Clear Liability and Low Damages

Where responsibility is undisputed and medical treatment is short-term, a streamlined claim can reduce friction. Providing organized records, direct communication, and a realistic settlement target often encourages quicker insurer responses. This approach still protects your rights while avoiding protracted litigation that may not increase the final outcome in a meaningful way.

Common Situations Leading to TBI Claims

Car and Truck Crashes

Rear-end, side-impact, and high-speed collisions can cause the brain to move within the skull, leading to concussion or more serious injury. Data from scene photos, vehicle damage, and medical evaluations often establish how the force of the crash produced symptoms like headaches, dizziness, or cognitive changes.

Falls on Dangerous Property

Wet floors, broken stairs, poor lighting, or missing handrails can cause falls that result in head injuries. Maintenance logs, surveillance footage, and witness statements can demonstrate that a property owner failed to address hazards, helping connect the fall to the resulting TBI.

Pedestrian, Bicycle, and Motorcycle Collisions

Unprotected road users face increased risk of head trauma when struck by vehicles or forced off course. Helmet use, visibility, traffic signal timing, and driver behavior typically factor into liability and help explain injury mechanisms and symptom onset.

Albuquerque Traumatic Brain Injury Lawyer

Why Hire Pofahl Law Firm, P.C. for a TBI Claim

Our firm focuses on careful case preparation and client-centered communication. We coordinate medical documentation, track progress, and translate complex records into clear, persuasive claims. Because TBI symptoms can be unpredictable, we stay engaged with your providers to reflect changes in your condition and update the valuation accordingly. We negotiate with insurers using facts, timelines, and realistic assessments rather than shortcuts. If settlement discussions stall, our litigation readiness helps maintain momentum. From the first consultation through resolution, we aim to reduce stress and give you confidence that your voice is heard and your case is moving forward.

Local knowledge matters. Based in Albuquerque, we understand New Mexico laws, courts, and the way insurers analyze cases here. We tailor strategy to your goals—whether that is a timely settlement to stabilize finances or a more comprehensive approach that accounts for future care and work limitations. Transparency is our standard: you will know what to expect, what documents are needed, and where your claim stands. If you or a loved one suffered a brain injury, call (505) 720-1030 to schedule a free case review. We will listen, evaluate, and outline next steps that align with your recovery.

Schedule a Free Case Review

People Also Search For

New Mexico TBI lawyer

Albuquerque brain injury attorney

traumatic brain injury claim

concussion injury settlement

car accident brain injury

post-concussion syndrome compensation

Glasgow Coma Scale legal

catastrophic injury law firm

Related Services

FAQS

What should I do after a suspected traumatic brain injury in New Mexico?

Seek medical care immediately, even if symptoms feel minor. Early evaluation can detect issues that develop over time and creates a baseline for your recovery. Follow your provider’s guidance, limit strenuous activity, and watch for worsening headaches, confusion, or balance problems. Preserve evidence by photographing the scene, saving damaged items, and collecting witness information. Report the incident to the appropriate party, whether it is a property owner, employer, or insurer, and request the claim number in writing. Keep a daily symptom journal and store all medical records, bills, and work notes together. Avoid discussing fault or injuries on social media, as posts can be misinterpreted. Contact an Albuquerque personal injury law firm to discuss your rights and next steps under New Mexico law. A consultation can clarify timelines, insurance coverage, and documentation priorities so you can focus on recovery while protecting your claim.

How long do I have to file a TBI claim in New Mexico?

In many New Mexico personal injury cases, you generally have three years from the date of the incident to file a lawsuit, but there are exceptions. Claims against government entities have shorter deadlines and special notice requirements. Minors and certain medical circumstances can affect timing. Because evidence can disappear quickly, it is wise to act promptly and confirm which deadline applies to your situation. Even if a lawsuit is not immediately necessary, early action strengthens your claim. Your legal team can preserve evidence, obtain records, and open insurance claims while negotiations proceed. If the case cannot be resolved fairly, filing before the statute of limitations expires preserves your right to continue. A quick review of your facts will help determine the correct filing date and the steps needed to protect your case.

What compensation can I recover in a traumatic brain injury case?

Damages in a TBI case can include medical bills, rehabilitation, therapy, medications, and assistive devices. You may also pursue lost wages and loss of earning capacity if symptoms affect your ability to work. Pain and suffering, loss of enjoyment of life, and inconvenience reflect the daily impact of headaches, cognitive fatigue, and sensory intolerance. In certain cases, home modifications or vocational retraining may be appropriate. Every claim is unique, and the best valuation reflects both current needs and the future picture. Thorough documentation from your providers and employer, along with consistent symptom tracking, can help insurers or a jury understand the scope of harm. Our team organizes records and presents your story clearly so decision-makers see how the injury has changed your life at home, at work, and in the community.

How do you prove a traumatic brain injury if imaging looks normal?

Many people with concussions have normal CT or MRI scans. Proof often relies on clinical evaluations, detailed symptom histories, and how symptoms affect daily function. Providers may use neurocognitive testing, balance assessments, and vision or vestibular exams to identify deficits that are not visible on imaging. Consistent follow-up and clear reporting help connect the dots between the event and ongoing difficulties. Documentation is key. We gather records from emergency care through follow-up visits, including notes from neurologists, primary care providers, and therapists. We also collect employment information, performance reviews, and statements from family or coworkers who observe changes in memory, mood, or attention. Together, this evidence forms a convincing picture of the injury’s real-world impact.

Do I need to see a neurologist after a concussion?

Seeing a neurologist or brain-injury-informed provider can help confirm the diagnosis and guide treatment. Even with mild symptoms, timely evaluation can prevent setbacks and identify therapies that improve recovery. A specialist may coordinate with your primary care provider, physical therapist, or vestibular therapist to address dizziness, headaches, and concentration issues. Referrals often depend on your symptoms and how they evolve. If you experience worsening headaches, sensitivity to light, confusion, or memory problems, ask your provider about additional testing or referral options. Early, coordinated care supports your health and documents the course of the injury, which is valuable for both treatment and any related legal claim.

What if I had a prior head injury before this accident?

A prior head injury does not cancel your right to recover for harm caused by a new incident. New Mexico law allows recovery when a negligent act aggravates a preexisting condition. The key is distinguishing baseline symptoms from new or worsened issues through careful medical history and consistent reporting. Transparent communication with your providers is essential. We work with you to gather past records and explain how the latest incident changed your daily life. By comparing before-and-after functioning at work, school, and home, we help clarify what the incident added to your health challenges. This approach aims to prevent insurers from unfairly blaming all symptoms on old injuries.

Can social media or insurance surveillance affect my TBI claim?

Yes. Insurers may review public social media posts or conduct surveillance to challenge your claim. A short video clip or a single photo can be taken out of context and used to suggest you are less injured than reported. Consider tightening privacy settings and avoid posting about your health, activities, or the case while your claim is pending. Remember, normal life moments do not necessarily mean you are symptom-free. If you are photographed smiling at an event, it does not show the headache that followed or the rest you needed afterward. Keep communicating honestly with your providers, and let your legal team address any misleading content with complete, accurate context.

How are mild TBIs different from severe TBIs in legal claims?

Mild TBIs often involve brief or no loss of consciousness and may show normal imaging, yet symptoms like headaches, brain fog, and fatigue can disrupt life. Severe TBIs may involve longer unconsciousness, abnormal imaging, and more significant functional changes, sometimes requiring ongoing care. Both conditions deserve careful attention and documentation. In legal claims, severity affects the scope of investigation and the valuation of damages. Mild cases may resolve with a well-organized demand package, while severe cases often require extensive expert opinions, future care plans, and economic analysis. Our role is to tailor the approach to your medical realities, ensuring decision-makers see the complete picture.

How much is my traumatic brain injury case worth?

Case value depends on liability, medical evidence, recovery timeline, and how symptoms affect work and daily life. Economic damages like medical bills and lost wages are added to non-economic damages such as pain and suffering and loss of enjoyment. Future needs also matter, including therapy, medications, and potential vocational limits. Because no two cases are the same, we avoid one-size-fits-all estimates. Instead, we build a record that reflects your unique situation and goals. Once we understand your medical path and the strength of liability proof, we can discuss a fair range for negotiation and whether litigation could improve the outcome.

What does it cost to hire Pofahl Law Firm, P.C. for a TBI case?

We offer a free initial consultation to discuss your situation and explain your options. If we accept your case, we typically work on a contingency fee, which means our fee is a percentage of the recovery and you owe no attorney fee unless we obtain a settlement or verdict. Case costs are discussed in advance so you know what to expect. We believe in transparency. You will receive a clear fee agreement that outlines percentages, costs, and how expenses are handled at different stages of the case. If you have questions at any point, we will walk through them so you can make confident choices about moving forward.

Traumatic Brain Injury (TBI) Lawyer in New Mexico Guide

Compassion, Clarity, Justice

New Mexico TBI Claim Guide

The Importance and Benefits of a New Mexico TBI Lawyer

About Pofahl Law Firm, P.C. and Brady Pofahl

Understanding Traumatic Brain Injury Claims

Need More Information?

Key TBI Terms and Definitions