The aftermath of an accident can be chaotic: people are hurt and injured; properties are destroyed; it can take a long while and a large sum of money before things can go back to normal. The question is: who is going to pay for the damages? The obvious answer would be whoever caused the accident. Unfortunately, determining fault is not a straightforward endeavor.

Those involved can point fingers at each other all day with each citing evidence that support their claims. The reality is that both parties can indeed be guilty of contributing to the accident. So how does New Mexico handle shared fault in injury lawsuits?

A Question of Negligence

These suits are all based on the theory of negligence. According to the law, a person who owes a duty of care to an individual but fails in its fulfillment can be sued if the breach directly causes a serious injury. The court will determine the appropriate amount to be awarded based on the economic and non-economic damages. The former includes things that are readily measured such as medical bills, lost wages, and other related expenses. The latter includes pain and suffering, reduced quality of life, and many more. The court may even add punitive damages for cases wherein the defendant was particularly reckless.  

Pure Contributory Negligence

In some states, the courts follow the rule of pure contributory negligence. This is a very strict system that prevents people from getting any amount of compensation if they are found to contribute even a little to their injury. Plaintiffs must be completely blameless in order to collect damages from the other party. A simple mistake could lead to case meltdown even if it is clear who was really to blame for the incident. This makes it extremely difficult for injured persons to have a successful lawsuit. Most states have already abolished this rule in favor of more a balanced approach with comparative negligence rules.

Pure Comparative Negligence

New Mexico is one of the states that have adopted the comparative negligence system to deal with shared fault in injury lawsuits. It is common for both the plaintiff and the defendant to be considered negligent, but the trial does not stop there. The court will be interested in knowing the degree of fault for each side. Injured persons can still collect compensation even if they are partially to blame for their injuries. However, the damages that may be recovered will be slashed by the percentage of their fault. For example, those who are ten percent at fault will see their award being reduced by the same amount.

To learn more about New Mexico personal injury laws and get excellent legal representation in court, contact experienced lawyers such as Will Ferguson & Associates.

Just like a car engine, the brain is the major control epicenter of the human body. Any slight damage to the brain could alter bodily functions to a certain degree. From occasional memory lapses to impaired psychomotor function, healing from a brain injury can be a lifetime affair.

A brain injury can be referred to as damage or insult to the brain. The brain injury could possibly foster the temporary or permanent impairment of psychological, cognitive, or physical functions. The severity and type of brain injury could greatly influence the speed at which the brain recovers.

Types of Brain Injuries

Brain injuries are often classified into two categories: traumatic brain injuries and acquired brain injuries.

Acquired brain injuries (ABI) are caused by medical forces such as fluid, strokes, infection, or tumors that happen after birth. Such injuries can cause impairments with thinking, behavior, movement, and even emotions.

However, most brain injuries are a result of a violent jolt to the head, referred to as traumatic brain injuries (TBI). The majority of TBIs are caused by severe shaking of the head—common in infants—which causes the nerve tissue to tear, a head blow from an external mechanical force during a fall, violence, a vehicle accident, bullet penetration, and quick whiplash motion.

Long-Term Effects of Brain Injuries

While some brain injury abnormalities may heal after treatment and rehabilitations, other may make one’s life challenging. TBIs may cause the following:

Concussion

Concussions can, at times, cause axonal type injuries, which result in permanent brain damage. Occasional blood clots in the brain are also an aftermath for concussed persons.

Diffuse Axonal Injury

This type of brain injury occurs from the tearing of brain structures. The tearing of the nerve tissue disrupts the brain’s regular communication and chemical processes, offsetting the brain’s balance. It eventually leads to permanent brain damage, coma, or even death.

Awareness and Dealing with a Brain Injury

Once one has experienced a TBI, it is best if further brain injuries are prevented. Repeat injuries can cause long-lasting mental awareness weakness and damage the nervous symptoms. A recurrence of a TBI results in Second Impact Syndrome, which causes severe and rapid brain swelling. The adverse effects can cancel out any developments. The inability to function, speak, or even think as before can easily trigger depression in those affected. In case of any stigmatization or depression, one should opt to seek counselling.

In most instances, Traumatic Brain Injuries are majorly caused by a second party and at most times would require legal action. A Milwaukee brain injury lawyer would ensure that justice is sufficed adequately.

Brain injuries may at times seem less alarming, especially if it was not a great impact.  Whether it is a bike fall or a drop from an elevated platform, the slightest brain injury could spell long-lasting disabilities.

Most people who drive will experience a car accident at some point. If you have experienced a car accident that wasn’t your fault and caused you an injury, you are likely considering filing a personal injury claim against the at-fault driver and their insurance company. If the at-fault driver’s negligence caused the accident that resulted in your injury, you are entitled to financial compensation; that compensation can include any accident-related medical treatment or recovery costs and missed wages due to time away from work. What many people wonder after being injured in a car crash is, “What will a car accident lawyer do for me?”

Hiring a Car Accident Lawyer

If you were injured in a car accident and are wanting to seek compensation, you will want to hire an experienced Rockford auto accident lawyer. Having a lawyer advocate for you will ensure that you are going through the process correctly and as efficiently as possible. No one wants to spend more time embroiled in a personal injury claim or lawsuit, and an attorney will help you move through the process with as little added stress as possible.

Assessing Your Case

The first thing your lawyer will do is assess your case. They will listen to you and advise you on how best to proceed. You will be able to get a ballpark figure on what potential compensatory amounts you can expect, and based upon that information, you can decide on how you want to move forward.

Compiling and Filing Paperwork

A large part, and often the most stressful part, of any personal injury claim or lawsuit is the paperwork aspect. A car accident attorney knows exactly what paperwork needs to be collected, how to fill it out, and how to get it done within deadlines. With a lawyer compiling, filling out, and filing the paperwork, you will not experience the added stress and time of delays due to missing documents, information, or missed deadlines.

Demand Letter

To officially initiate the claim, your lawyer will help you draft what is called a “demand letter.” A demand letter is written by the person making the claim (plaintiff) and delivered to the person the claim is being made against (defendant). If the defendant or their insurance company denies negligence or refuses to pay, the claim becomes a lawsuit. Your lawyer will advise you on what the next stage involves and prepare you for the potential of going to trial.

Trial Preparation

Your lawyer will help build you the strongest possible case. They will analyze any weaknesses or strengths and structure your case to minimize the weaknesses and maximize the strengths. They will advise you on how best to answer questions, especially in the case of giving a deposition or having to testify in court.

No one wants to be injured in a car accident, but it happens every day around the world. If you were injured in a car accident due to the negligence of another driver, you should pursue financial compensation for your injuries. Financial compensation helps you get your life back and make up for any time or money lost as a result of the accident. Hiring a car accident attorney is the most important step you can take to ensure you receive the maximum compensation you are entitled to.