Traumatic brain injury (TBI) is a major cause of death and disability in the United States. These personal injuries are often the subject of legal liability claims arising from motor vehicle accidents, physical altercations (fights), and other incidents that may create liability.

Persons who survive a TBI can face effects that last a few days, or the rest of their lives. Effects of TBI can include impairments related to thinking or memory, movement, sensation (vision or hearing), or emotional functioning (personality changes, depression).

A TBI is caused by a bump, blow, or jolt to the head that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from mild (a brief change in mental status or consciousness) to severe (an extended period of unconsciousness or memory loss after the injury). Most TBIs that occur each year are mild, commonly called concussions.

The leading cause of TBI-related emergency department (ED) visits vary by age:

• Falls are the leading cause of ED visits among young children aged 0 to 4 years and older adults 65 years and older.

• Being struck by or against an object are highest among those 5 to 14 years of age.

The leading cause of TBI-related hospitalizations also vary by age:

• Falls are the leading cause of hospitalizations among children 0 to 17 years and adults 55 years of age and older.

• Motor vehicle crashes are the leading cause of hospitalizations for adolescents and adults aged 15 to 44 years of age.

In New Mexico (NM), traumatic brain injury (TBI) is recognized as a serious health concern that can lead to legal liability claims, particularly when the injury is due to another party's negligence or intentional acts. State statutes may allow individuals who have suffered a TBI to seek compensation for medical expenses, lost wages, pain and suffering, and other damages through personal injury lawsuits. In cases of motor vehicle accidents, New Mexico follows a fault-based system, meaning that the person responsible for the accident may be held liable for the injuries caused, including TBIs. For falls or injuries occurring on someone else's property, premises liability laws may apply, and the property owner could be held responsible if the injury resulted from unsafe conditions that they should have addressed. Additionally, New Mexico has a statute of limitations that sets a deadline for filing a personal injury lawsuit, which is generally three years from the date of the injury. It is important for individuals who have sustained a TBI to consult with an attorney to understand their legal rights and the potential for compensation based on the specifics of their case.