Proudly Serving Clients Across New Mexico
Call for Free Case Evaluation 505-986-9641
(Family Law consults are subject to a fee)
A life can be changed in an instant by a serious brain injury. The effects can spread to all aspects of a person’s life, including their ability to work, communicate, spend time with family, and return to a new normal. If you or a loved one has suffered a traumatic brain injury due to the negligent actions of another, an initial consultation with an Pojoaque brain injury lawyer can help move you toward a path of healing, accountability, and long-term stability.
At Egolf + Ferlic + Martinez, LLC, our attorneys recognize the advantages to clients of practicing in a smaller setting, where big-firm experience and professionalism are combined with personalized attention and loyalty. We are committed to providing exceptional service to our clients, believing that effective advocacy is one of the greatest ways to solve problems and achieve justice.
Our practice regularly takes us to the courts that serve the Northern New Mexico area, including in Santa Fe County, where serious injury and wrongful death cases are litigated. We provide clients from Pojoaque and neighboring areas with caring and skilled representation throughout their legal proceedings.
Traumatic brain injuries are a significant public health issue, according to data from the federal Centers for Disease Control. In 2020, traumatic brain injuries were linked to over 214,000 hospitalizations and over 69,000 deaths. Traumatic brain injuries are highly correlated with age, particularly for fall-related brain injuries. 32% of hospitalizations and 28% of traumatic brain injury deaths occur in people 75 years of age and older.
New Mexico negligence law acknowledges the wide-reaching effects brain injuries can have on a person’s life. The jury in a successful personal injury case takes into account previous medical expenses, future treatment needs and rehabilitation requirements, as well as lost wages and reduced earning potential, together with pain and suffering from a life-altering injury.
In cases where a brain injury ultimately proves fatal, the family may pursue a claim under the New Mexico Wrongful Death Act. This law appoints a personal representative to bring the claim on behalf of all eligible beneficiaries. The statute details a list of possible claimants, which includes spouses, children, parents, siblings, and other family members.
Timelines are extremely important in these cases. New Mexico’s statute of limitations for personal injury actions generally requires claims to be filed within three years of the injury. A qualified personal injury attorney can help make sure that your brain injury claim is presented properly and within the timeframe required by law.
Brain injuries range from concussions to catastrophic injuries that permanently affect cognition, personality, and physical function. Initial mild injuries have the potential to evolve into chronic conditions characterized by memory loss, personality modifications, headaches, and concentration difficulties.
For many victims, the biggest struggle is the uncertainty of it all. Recovery time is unpredictable. Symptoms may get worse over time. Careers, relationships, and the ability to live independently can be affected in unpredictable ways. These injuries are often expensive and require long-term treatment, rehabilitation, and family support.
It may become necessary to hire a lawyer if your brain injury prevents you from living autonomously, returning to work, or if the injury diminishes your former quality of life.
These cases are often complex, including the interpretation of medical evidence and long-term needs. We combine our strength and empathy to help families move forward by recognizing that meaningful accountability is essential, even though legal outcomes cannot reverse past events.
There is no average brain injury settlement. Each case is different, with individual factors that affect the value. The severity of the injury, its long-term impact on daily life, ongoing care needs, and the at-fault party’s behavior all play a role in determining case value. Because brain injuries can affect work, relationships, and independence, settlements take into account the ways a brain injury can permanently alter a person’s life.
Damages for a traumatic brain injury are typically based upon the impact of the injury on the injured person, both currently and in the future. Compensation may be available for medical treatment and rehabilitation, loss of income, diminished earning capacity, and the physical and emotional effects of the injury. In cases of severe injury, damages may also reflect permanent impairments and future need for care.
In New Mexico, a person can make a legal claim when a brain injury is the result of someone else’s negligence or wrongful conduct. Claims of this nature allow people to seek accountability and compensation, as well as a greater incentive for responsible behavior from individuals and corporations. If a brain injury is fatal, family members may have the right to make a wrongful death claim under New Mexico law.
New Mexico is a pure comparative negligence state. An individual may be able to recover damages even if they were partially at fault for an incident. Recovery is then reduced by that party’s percentage of fault. The state uses this rule to acknowledge that actions by more than one party typically contribute to an injury, but that the injured party should still be able to seek legal remedies.
At Egolf + Ferlic + Martinez, LLC, we work with the court-appointed personal representative to present the strongest possible case while also ensuring that all eligible beneficiaries receive the compensation to which they are entitled under New Mexico law. These cases can be brought against individuals, corporations, or other responsible parties who contributed to a fatal brain injury. Contact us today for a free case consultation.
With our main office in Santa Fe and dedicated staff across New Mexico—including Las Cruces, Albuquerque, and Taos—we’re ready to support your case wherever you are.
123 W. San Francisco St. Floor 2
Santa Fe, NM 87501-2111
Fields Marked With An * Are Required