Albuquerque Brain Injury Attorney

Suffered a TBI Caused by Negligence?

If you or a loved one has suffered a brain injury due to another party’s negligence, you already know how devastating the consequences can be. Traumatic brain injuries (TBIs) can change lives forever—affecting a person’s ability to work, care for themselves, or even enjoy everyday activities. At McGinn Montoya Love Curry & Sievers PA, we understand the physical, emotional, and financial toll that a brain injury can cause. Our dedicated team is here to fight for your rights and secure the compensation you need to move forward. If you need an experienced Albuquerque brain injury lawyer, our firm is ready to help.

Contact us today at (505) 405-4441 for a free consultation with an experienced Albuquerque brain injury lawyer.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when an external force causes damage to the brain. This damage may result from a direct blow, jolt, or penetration of the skull. TBIs range from mild concussions to severe, life-threatening conditions that leave victims with permanent disabilities.

While some brain injuries heal over time, many leave lasting physical, cognitive, and emotional impairments. Because symptoms may not appear immediately, it is critical to seek medical attention after any head injury. Early diagnosis can help minimize long-term consequences and provide essential documentation for a potential legal claim.

Common Types of TBI

Brain injuries are not all the same. Understanding the different types is essential when determining how they may impact a victim’s life:

• Concussions – The most common form of mild TBI, often caused by blows to the head or whiplash-type injuries. Symptoms may include dizziness, confusion, headaches, and memory issues.
• Contusions – Bruising of the brain tissue, which may require surgery in severe cases.
• Diffuse Axonal Injury (DAI) – Occurs when the brain rapidly shifts inside the skull, tearing nerve fibers. This type of injury can lead to long-term cognitive and physical impairments.
• Penetrating Brain Injury – Caused when an object pierces the skull and damages brain tissue. These injuries are often catastrophic and require immediate medical intervention.
• Coup-Contrecoup Injury – When the brain is injured at both the site of impact and the opposite side due to a forceful blow.

Each type of TBI requires specialized medical care, and the severity often determines the long-term prognosis for recovery.

Common Causes of TBI

Brain injuries can happen in a variety of ways. Unfortunately, many are the result of negligence or reckless behavior. Some of the most common causes include:

• Motor Vehicle Accidents – Car, truck, motorcycle, and pedestrian accidents are leading causes of TBIs in Albuquerque and across New Mexico.
• Slip and Fall Accidents – Falls are especially dangerous for older adults and often result in head trauma.
• Workplace Accidents – Construction sites and industrial jobs pose high risks of falling objects, falls from heights, or machinery-related incidents.
• Sports Injuries – Contact sports like football, soccer, and boxing can cause repeated concussions or long-term brain damage.
• Violence and Assault – Physical attacks and gunshot wounds are also significant contributors to severe brain injuries.

If your injury resulted from someone else’s negligence—whether a careless driver, unsafe property owner, or negligent employer—you may have the right to pursue compensation.

Long-Term Effects of Brain Injuries

One of the most devastating aspects of a brain injury is its potential for long-term consequences. Victims may experience:

• Cognitive impairments such as memory loss, difficulty concentrating, and trouble with problem-solving.
• Physical challenges like loss of motor control, chronic headaches, seizures, or speech difficulties.
• Emotional changes including depression, mood swings, anxiety, or personality changes.
• Loss of independence, requiring long-term care or rehabilitation services.

Recovering Compensation After a TBI

At McGinn Montoya Love Curry & Sievers PA, we fight to ensure brain injury victims receive the maximum compensation available. Depending on the specifics of your case, you may be entitled to recover damages for:

• Medical expenses – Including hospital stays, surgeries, medications, rehabilitation, and future medical care.
• Lost wages and earning capacity – For time missed from work and the inability to return to your previous employment.
• Pain and suffering – For the physical and emotional toll of the injury.
• Loss of enjoyment of life – For the impact the injury has on your ability to live normally.
• Home modifications and caregiving costs – If the injury requires long-term adjustments.

Insurance companies often try to minimize payouts in brain injury cases. Having our Albuquerque brain injury lawyer on your side ensures you have an advocate who knows how to build a strong case and negotiate aggressively on your behalf.

Brain Injury FAQs

How do I know if I have a valid brain injury claim?

If your brain injury was caused by another person’s negligence—such as in a car accident, slip and fall, or workplace incident—you may have grounds for a claim. An attorney can review your case during a free consultation.

What if symptoms appear days or weeks after the accident?

It’s common for brain injury symptoms to take time to develop. Always seek medical attention after any head injury and keep records, as this can strengthen your claim.

How long do I have to file a brain injury lawsuit in New Mexico?

In most cases, New Mexico law allows three years from the date of the injury to file a personal injury lawsuit. However, exceptions may apply, so consult an attorney as soon as possible.

Can I recover compensation if I was partially at fault for my injury?

Yes. New Mexico follows a comparative negligence rule, meaning you can still recover compensation, but your damages may be reduced by your percentage of fault.

Why should I hire an Albuquerque brain injury lawyer?

Brain injury cases are complex, often requiring medical experts, accident reconstruction, and aggressive negotiation with insurance companies. An experienced lawyer ensures your rights are protected and helps maximize your recovery.