Wrongful Death and Brain Injuries: When Negligence Turns Fatal
Wrongful Death and Brain Injuries
At Raymon Law Group, we understand that no amount of compensation can undo this kind of loss. What we can do is hold the responsible party accountable and help secure the financial resources your family needs to move forward.
Fatal Brain Injuries by the Numbers
Nationally, there were 68,663 TBI-related deaths in 2023 — an average of more than 190 people dying from a brain injury every single day in the U.S., according to the CDC.
New Mexico’s TBI death rate runs roughly 39% higher than the national average. In 2023 alone, the state recorded approximately 584 TBI-related deaths, according to the New Mexico Department of Health.
Men are nearly three times more likely to die from a TBI than women, and adults age 75+ account for more than a quarter of all TBI deaths nationwide (CDC)
In New Mexico specifically, motor vehicle crashes have historically been the leading cause of hospitalized and fatal brain injuries, followed by falls and firearm-related incidents (NM Department of Health / NM-IBIS).
How a Brain Injury Can Lead to Wrongful Death
• Brain swelling or bleeding (hematoma) that goes undetected or untreated
• Secondary infections following surgery or hospitalization
• Loss of brain function leading to a permanent vegetative state
• Seizures or organ failure stemming from the original injury
• Medical errors in diagnosing or treating the injury
Because symptoms can be delayed, families sometimes don’t realize how serious a brain injury is until it’s too late. This is one of the reasons brain injury cases require careful investigation — to determine exactly when, how, and why the injury proved fatal.
Common Causes of Fatal Brain Injuries in New Mexico
Fatal TBIs often result from preventable accidents caused by someone else’s carelessness, including:
• Car, truck, and motorcycle accidents
• Slip and fall accidents, particularly involving elderly victims
• Workplace accidents, such as falls from height or falling objects
• Defective products, including helmets, vehicle safety equipment, or machinery
• Medical malpractice, including surgical errors or misdiagnosis
• Acts of violence or assault
Regardless of how the injury occurred, if negligence played a role, the at-fault party can be held legally and financially
responsible.
Who Can File a Wrongful Death Claim in New Mexico?
Under New Mexico’s Wrongful Death Act, a claim must be brought by the personal representative of the deceased person’s estate, on behalf of the surviving family members who suffered a loss. This typically includes a spouse, children, or other statutory beneficiaries.
If your loved one didn’t have a will or an appointed personal representative, an attorney can help guide your family through the process of establishing one so the claim can move forward.
What Compensation Is Available?
1. Financial Compensation
A successful lawsuit can result in financial compensation to cover medical bills, rehabilitation expenses, lost wages, and future care costs related to the TBI.
2. Accountability and Justice
Taking legal action against negligent parties can bring a sense of justice and closure to TBI survivors and their families. It holds those responsible for the harm accountable, sending a strong message that negligence will not go unpunished.
3. Access to Quality Care
Compensation from a lawsuit can help cover the cost of specialized medical care, rehabilitation, and ongoing treatments. These are vital for recovery and can greatly improve the quality of life for TBI survivors.
4. Future Security
A lawsuit can provide financial support for TBI survivors and their families, helping to ease the burden of medical bills and lost income.
5. Awareness and Prevention
By raising awareness about the causes and impact of TBIs, lawsuits can contribute to efforts to prevent future incidents and encourage safer environments for everyone.
6. Pain and Suffering
Brain injuries often result in significant physical and emotional trauma. A lawsuit can help you seek damages for the pain, suffering, and diminished quality of life caused by the injury.
Every case is different, and the value of a claim depends on factors like the victim’s age, income, and the circumstances surrounding the injury and death. Learn more about what damages you can recover in a New Mexico personal injury case.
New Mexico's Statute of Limitations
We're Here to Help Your Family Through This
Losing a loved one to a preventable brain injury is a tragedy no family should have to face alone. At Raymon Law Group, we bring compassion, dedication, and courtroom-tested experience to every wrongful death case we handle. We work on a contingency basis, which means you pay nothing unless we recover compensation for your family.
Contact Raymon Law Group today for a free, confidential consultation. Let us fight for the justice and compensation your family deserves while you focus on healing.
Frequently Asked Questions
Location Served
We Represent
Individuals & Families
throughout New Mexico
Raymon Law Group’s Albuquerque personal injury lawyers are based at our main office in the heart of downtown Albuquerque at 500 Marquette Ave. NW, Ste. 1200.
We also have our Office at Santa Fe located at 150 Washington Ave, Suite 201. If you’re unable to visit us, our attorneys are happy to meet you at your home or hospital to discuss your case.
Contact Our Brain Injury Lawyer
Don’t let insurance companies decide what your family’s loss is worth. Call Raymon Law Group now at (505) 390-1040 — your free consultation starts the moment you call.
And remember, you won’t pay us unless we win you a settlement.
