If you’ve suffered a spinal cord injury due to an accident in Albuquerque, don’t wait; Contact our experienced attorneys today for a free consultation and get the compensation you deserve.
A spinal cord injury can be costly, painful, and debilitating. It can change someone’s life in a split second. A person suffering from spinal cord injuries requires adaptation to a new lifestyle and lifelong care. A spinal cord injury survivor needs to make changes to their house and vehicles to live independently. Most of them could not go back to their job.
Suppose you or your loved one has suffered spinal cord injuries due to medical malpractice or any accident caused by someone else. In that case, you may be able to file a claim for compensation that will cover your medical bills and other expenses. In that case, you should contact an Albuquerque spinal cord injury lawyer at Will Ferguson & Associates to understand your legal rights.
The catastrophic injury lawyers at Will Ferguson & Associates can assure you that their professional experience will put you at ease and help you through this challenging period.
What Should You Do After a Spinal Cord Injury in Albuquerque?
If you suffered a spinal cord injury in Albuquerque, you should seek emergency medical care immediately, document the incident, and contact an attorney as soon as possible. These injuries are often life-altering, and early action is essential to protect both your health and your legal rights.
Spinal cord injuries frequently occur in high-impact situations across Albuquerque. A crash on I-40 near the Big I, a fall at a construction site in the Westside, or a serious workplace incident in an industrial corridor can lead to paralysis or permanent disability within seconds. Because these injuries often require lifelong care, the legal claim must reflect both current and future needs.
At our firm, we represent individuals and families facing the realities of spinal cord injuries. We focus on building strong cases that account for the full scope of the injury, including long-term care, rehabilitation, and loss of independence.
What Is a Spinal Cord Injury Under New Mexico Law?
A spinal cord injury involves damage to the spinal cord that results in partial or complete loss of movement or sensation. These injuries can range from herniated discs to complete paralysis, depending on the severity and location of the damage.
Under New Mexico law, spinal cord injury claims are handled as personal injury cases. Victims must typically file within the timeframe set by the New Mexico Statutes section 37-1-8, which is generally three years. In fatal cases, families may pursue claims under the New Mexico Wrongful Death Act (NMSA § 41-2-1).
Because spinal cord injuries often involve permanent disability, these cases require a detailed evaluation of long-term medical and financial impacts. Specifically, the New Mexico legal framework recognizes catastrophic injuries, including spinal cord injuries, under the Uniform Contribution Among Joint Tortfeasors Act (NMSA § 41-3A-1), which addresses liability and compensation among multiple parties when negligence occurs. Understanding these regulations is crucial for anyone navigating the complexities of a spinal cord injury claim in New Mexico.
What Types of Accidents Are Common in Albuquerque, New Mexico?
Spinal cord injuries can result from a wide range of accidents across Albuquerque. The city’s infrastructure, terrain, and workforce contribute to different types of risk.
Vehicle Accidents on Major Albuquerque Roads
High-speed collisions are a leading cause of spinal cord injuries. Roads such as I-25, I-40, and Coors Boulevard see heavy traffic, and accidents in these areas often involve significant force.
When crashes occur at highway speeds, the impact can damage the spine and surrounding nerves, leading to partial or complete paralysis. These cases may involve negligent drivers, trucking companies, or vehicle defects.
Premises Liability and Fall-Related Injuries
Falls from height or due to unsafe conditions can also result in spinal cord injuries. In Albuquerque, these incidents occur in apartment complexes, retail stores, and public spaces.
Property owners have a legal duty to maintain safe conditions. When hazards such as broken stairs, uneven walkways, or poor lighting lead to a fall, they may be held liable for resulting injuries.
Construction and Workplace Accidents
Construction sites across Albuquerque present serious risks for spinal injuries. Falls from scaffolding, equipment failures, and structural collapses are common causes.
Safety standards enforced by the Occupational Safety and Health Administration (OSHA) are designed to reduce these risks, but violations still occur. In some cases, injured workers may pursue claims beyond workers’ compensation if third-party negligence is involved.
What Are the Different Types of Spinal Cord Injuries?
The type of spine injury varies depending on which part of the spinal cord is injured. In general, the higher the damage is on the spine, the more severe the effects, since most spinal injuries affect the body from the source of injury downward. Each person has a unique diagnosis and a different chance of recovery. The most common types of spine injuries are as follows:
Cervical Spine Injuries (C1-C8)
Injury to the high cervical vertebrae represents the most severe level of spinal cord injury. These injuries commonly involve damage to neck vertebrae that may paralyze the arms, legs, and torso, making it hard for the person to breathe on their own. The patient is called a quadriplegic or tetraplegic when all four limbs are affected. The patient will need help with eating, dressing, taking a bath, and getting out of bed, among other things.
Thoracic Spine Injuries (T1-T12)
Thoracic vertebrae are found in the middle of the back. Injury to this part of the spine is usually caused by a fall or a car accident. It can affect the legs and trunk and may result in loss of voluntary control of the bowel and bladder, as well as sexual dysfunction.
Lumbar Injuries (L1-L5)
Paraplegia is a condition in which a person lacks feeling and mobility in the lower half of the body. The lumbar spine comprises larger vertebrae that bear the torso’s weight. When the spinal cord in the lumbar region is damaged, a person loses control of their legs, bowels, and hips without affecting their upper body.
Sacral Spine Injuries (S1-S5)
The sacral vertebrae are located directly above the tailbone and are fused together. Nerves in the sacral region control the bladder, bowel, and sexual organs.
Complete Spinal Cord Injury
A complete injury to the spinal cord severs the spine or completely cuts off the connection between the brain and the body. This will usually result in paralysis.
Incomplete Spinal Cord Injury
An incomplete injury to the spinal cord means that the spine is not completely or permanently damaged. Most of the time, patients with this type of injury can recover.
What Are the Most Common Causes of Spinal Cord Injuries?
In Albuquerque, many things can lead to severe spinal cord injuries. Any situation that causes trauma or damage to the spine can be life-changing for the victim. Someone might have been negligent, careless, or did something wrong, or they might have been reckless or had a malicious purpose to hurt someone else. A lot of serious spinal cord injuries happen in New Mexico because of:
Vehicle Crashes: According to the National Spinal Cord Injury Statistical Center, vehicle collisions such as automobile accidents and motorbike wrecks account for around four out of every ten spinal cord injuries. When another motorist hits a motorcycle rider or pedestrian, they have minimal protection and may suffer significant injuries.
Dangerous Crimes: About 13% of spinal injuries are caused by things like physical assaults and gunshot wounds. In some cases, the person who hurt you or the property owner who didn’t have enough security could be financially responsible for your injuries. You will need to hire a personal injury lawyer to look into the situation and determine who could be held responsible. A civil lawsuit may be used to recover fair compensation from the person responsible for your injuries.
Sports impacts or injuries: People get hurt while playing sports or having fun, accounting for about one out of every ten spinal cord injuries. Other causes may include:
What if I suffered a spinal injury in a crash on I-25 in Albuquerque?
If you suffered a spinal injury in a crash on I-25, you may have a claim against the driver or other responsible parties. High-speed collisions in areas like the Big I interchange often result in severe injuries due to the force of impact.
Our firm investigates these cases by reviewing accident reports, medical records, and expert evaluations. We work to establish both liability and the long-term consequences of your injury to ensure full compensation.
What Are the Common Symptoms of a Spinal Cord Injury?
Every part of the body can be affected by a spinal cord injury. This includes breathing, heart rate, muscle movement, and metabolism, to name a few. The symptoms of a back injury can be short-term or long-term, depending on the case. There could also be emotional and psychological symptoms, like depression, anxiety, and PTSD. The typical symptoms include the following:
- Sexual dysfunction
- Back pain
- Loss of feeling or function
- Breathing or respiratory problems
- Stiffness or pain when moving
- Tingling or numbness anywhere in the body
- Digestive issues
- Weakness in the limbs
- Loss of balance or coordination
- Incontinence
It is crucial to treat back injuries, no matter how big or small they are. For example, if you have a minor back injury, you need to get it treated right away to keep it from getting worse. If you have been in an accident that hurt your back, head to a hospital in Albuquerque for a checkup. Remember that an accident can cause an adrenaline rush that will mask the pain of a spinal cord injury. Seeing a doctor right away can help get a quick diagnosis even if you don’t have signs of spinal cord injury.
What Are the Compensatory Damages You Can Recover in a Spinal Cord Injury Claim?
If you or someone you love has a spinal cord injury, money can’t make up for it. However, getting fair compensation from the person who caused the accident can go a long way toward paying for medical care and other costs. This can make you less stressed about money as you think about your future. They will do their best to help you get what you deserve. In some cases, this may cover damages for things like:
- Present and future medical costs
- Property damage repairs
- Lost quality or enjoyment of life
- Disability accommodations
- Losses of income
- Legal fees
- Lost future capacity to earn
- Out-of-pocket costs
- Emotional injuries
- Pain and suffering
- Punitive damages
The law in New Mexico allows you to seek monetary compensation for both economic and non-economic losses. However, you must present evidence of your losses before an insurance company, or the courts can reward you.
What Are the Elements of a Spinal Cord Injury Claim in Albuquerque, NM?
Not every spinal cord injury case in Albuquerque entitles the spinal cord injury survivors to pursue compensation for their losses. There must be proof that one or more people are responsible for the harm. The following four elements must be present to prove liability in spinal cord injury claims:
- Duty of care: A duty of care must have existed between the victim and the liable party. This is an ethical or legal responsibility to act with due care.
- Breach of duty: The defendant violated or breached the “duty of care” by acting or failing to act in a way that a sound-minded person would have.
- Causation: The defendant’s breach of the duty of care resulted in the victim’s injuries.
- Damages: The accident victim or plaintiff must have sustained damages due to the accident, such as wage loss and medical expenditures.
A knowledgeable Albuquerque spinal cord injury lawyer will understand what evidence is necessary to support your claim and can help guide you through the legal process effectively.
Who Is Liable for My Spinal Cord Injuries?
Most of the time, the person who is to blame for a spinal cord injury is the one who broke the law or didn’t act with due care. This could be:
- Doctor
- Driver
- Sports coach
- Property owner
- Criminal
- The government
- Product manufacturer
- Employer
Can I file a claim if I was injured in a fall at a construction site?
Yes, you may have multiple claims available. While workers’ compensation may cover some losses, it often does not fully address long-term impacts such as permanent disability.
If a third party contributed to the accident, such as a subcontractor or equipment manufacturer, you may pursue additional compensation. Our firm evaluates these cases to identify all responsible parties and maximize recovery.
Medical Negligence Leading to Spinal Cord Injuries
The most common causes of spinal cord injuries caused by medical negligence are:
- Anesthesia errors: When spinal anesthesia is delivered incorrectly, problems such as epidural hematoma may occur, resulting in lifelong spinal cord issues.
- Emergency room errors: This may happen if an emergency room patient with a major back injury is misdiagnosed, causing doctors to move the patient in a way that aggravates the condition.
- Neglect: There are times when a patient doesn’t get enough care, which can be grounds for a medical malpractice claim.
- Misdiagnosis: An undiagnosed back injury, tumor, or infection can cause a spinal cord injury to form or get worse.
- Surgery errors: Injuries to the spinal cord can be caused by many things, such as surgery mistakes. Some back or spinal surgery types have a high risk of malpractice or going wrong. These include laminectomy, discectomy, spinal fusion, and nerve ablation.
How Much is Your Spinal Cord Injury Case Worth?
How bad your spinal cord injury was, how much it has affected your life, and what it will do in the future all affect the value of your case. Because spinal cord injuries can cause a lot of mental anguish and emotional pain, the pain and suffering damages may be very substantial. The more severe the injury, the more money a person who was hurt can get, most of the time.
Case values also change based on how much insurance coverage you have, how much blame you have for the accident, your age, your income before the accident, and much more.
Why Local Experience Matters in Albuquerque Spinal Cord Injury Cases
Albuquerque’s environment presents unique challenges that influence spinal cord injury cases. The city’s high-speed highways, dry climate, and active construction zones all contribute to risk.
Emergency response and treatment also play a key role. Facilities like UNM Hospital provide specialized trauma care, and documentation from these providers is often critical in building a strong case.
Local knowledge of accident patterns, law enforcement reporting practices, and workplace conditions allows our firm to build more effective claims tailored to Albuquerque conditions.
Frequently Asked Questions About Spinal Cord Injuries in Albuquerque, New Mexico
1. How severe does a spinal cord injury need to be to file a claim?
Any spinal injury caused by another party’s negligence may qualify for a claim, but more severe injuries typically involve higher compensation due to long-term impact.
2. Can I recover compensation if I was partially at fault?
Yes, New Mexico follows a comparative fault system, meaning your compensation may be reduced but not eliminated based on your level of responsibility.
3. What if my injury requires lifelong care?
Your claim can include compensation for future medical expenses, rehabilitation, and necessary home modifications.
4. How long does a spinal cord injury case take?
These cases often take longer due to the need for detailed medical evaluation and expert analysis.
5. Can family members recover damages for a spinal cord injury?
In some cases, family members may recover compensation for loss of companionship or support, particularly in severe or fatal cases.
Why Choose Will Ferguson & Associates to Handle Your Albuquerque Spinal Cord Injury Claim
For 39 years, we have supported injured individuals throughout New Mexico, focusing on their needs and providing dedicated representation for those who have sustained spinal cord injuries in the greater Albuquerque area.
We are proud to hold the highest possible AV Preeminent rating from Martindale-Hubbell, which recognizes both our legal ability and ethical standards.
As a full-service personal injury legal office, our attorneys live and work in Albuquerque, allowing us to deliver professional and personalized care to every client.
Contact Will Ferguson & Associates to Speak with an Albuquerque Spinal Cord Injury Attorney for a Free Consultation
Facing legal matters can be challenging, especially when dealing with injuries. Having an experienced attorney who understands spinal cord injuries can be invaluable in navigating these complexities.
If you have suffered a spinal cord injury due to someone else’s actions, we encourage you to reach out to our Albuquerque spinal cord injury law firm. You can easily contact us by completing our online contact form today.
We are here to advocate for you and provide the support you need during this difficult time.
