Hurt in a Scaffold Fall? Talk With El Gringo Law Today

A scaffold fall can cause a catastrophic injury that changes a life in seconds. In New Mexico, the injured person, or family after a death, may be able to seek compensation from the parties responsible. This guide explains how a scaffold fall catastrophic injury claim works for people in Albuquerque, Rio Rancho, and across Bernalillo and Sandoval counties. This page offers general information about these topics.

What a scaffold fall catastrophic injury claim is, and who it is for

A scaffold fall catastrophic injury claim seeks compensation after a fall from, through, or off scaffolding, or after a scaffold collapse, causes a severe and lasting injury.

Common injuries include:

• spinal cord injury, including paralysis
• traumatic brain injury
• amputation
• severe burns
• multiple fractures that need surgery and long rehabilitation

Scaffolding falls happen in commercial and residential construction, renovation, industrial work, and building maintenance. A worker may be hurt on the job. A homeowner, visitor, or passerby may also be hurt near a scaffold.

Catastrophic injuries differ from minor ones. Treatment can last for years. Some people need lifelong care, equipment, or changes to their home. A claim has to account for future losses, not only today’s bills.

Who can be responsible when scaffolding fails?

Responsibility can rest with more than one party. That may include the general contractor, a subcontractor that built or used the scaffold, the property owner, an equipment company, or a maker of a defective part.

A negligence claim generally requires a duty owed to the injured person, a breach of that duty measured by reasonable care, and a breach that was a proximate cause of the damages (Herrera v. Quality Pontiac). A proximate cause produces the injury in a natural, continuous sequence. It does not have to be the only cause.

Common causes include:

• missing or removed guardrails
• platforms that are unsecured or overloaded
• improper assembly
• damaged planks or ties
• no fall protection

Federal scaffold safety rules, enforced by OSHA, are often part of the review of what went wrong.

New Mexico generally makes each at-fault party pay only its own share. New Mexico’s several-liability statute, Section 41-3A-1, provides that in causes of action to which several liability applies, any defendant who establishes that the fault of another is a proximate cause of a plaintiff’s injury shall be liable only for that portion of the total dollar amount awarded as damages to the plaintiff that is equal to the ratio of such defendant’s fault to the total fault attributed to all persons, including plaintiffs, defendants and persons not party to the action.

If you were working when you were hurt, workers’ compensation may pay benefits. Under NMSA 1978, § 52-5-17, the right of a worker to pursue payment or damages for injuries caused by the negligence or wrong of any person other than the employer or any other employee of the employer, including a management or supervisory employee, is not affected by the Workers’ Compensation Act, but the worker may not both recover those damages and claim compensation from the employer, except as that section provides. The worker cannot collect both those damages and compensation from the employer for the same injury, except as the statute provides.

What can a claim cover?

A claim can seek money for medical care, lost income, future needs, and other losses the injury caused.

• Past and future medical costs, including emergency care, surgery, rehabilitation, and ongoing treatment
• Prosthetics, mobility equipment, and changes to a home or vehicle
• Lost wages and lost ability to earn in the future
• Pain, suffering, and loss of enjoyment of life, which are harder to value and differ from case to case

A fatal fall can lead to a wrongful death claim. As Section 41-2-1 of New Mexico’s statutes provides, whenever the death of a person is caused by the wrongful act, neglect or default of another, even under circumstances that amount in law to a felony, and the act, neglect or default would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person or corporation that would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured.

Close family members may have their own claim. Under Thompson v. City of Albuquerque, loss of consortium damages belong to a family member with a sufficiently close relationship, not to the injured person or the estate. Which losses apply depends on the facts.

What evidence and deadlines should you check now?

Most New Mexico personal injury claims must be brought within three years. A wrongful death action also has a three-year limit, and it runs from the date of death.

Section 37-1-8 of New Mexico’s statutes provides that actions for an injury to the person or reputation of any person must be brought within three years. Under NMSA 1978, § 41-2-2, every action brought under the wrongful death provisions must be brought within three years after the cause of action accrues, and the cause of action accrues as of the date of death (NMSA 1978, § 41-2-2 — three years from the date of death).

If a city, county, state agency, or other government entity owns or controls the site, the New Mexico Tort Claims Act can set notice and immunity rules. Check those rules early.

Start keeping evidence now:

• photos and video of the scene, the scaffold setup, and any tags or markings
• names of witnesses and coworkers
• incident reports, site access records, and job assignments
• medical records, bills, and pay stubs
• safety, inspection, or citation records, which may exist after a serious incident

How does the process work, step by step?

The process starts with a first consultation, then moves through case review, investigation, damages work, insurer negotiation, and, if needed, a lawsuit.

1. Consultation. You share the basic facts. The first consultation is free, confidential, and carries no obligation to continue.
2. Case review. The team looks at how the fall happened, the injuries, and every party that may be responsible.
3. Investigation. Records are requested, including site records, inspection files, and insurer communications.
4. Damages. Medical documentation is gathered. Where needed, lost earning capacity is reviewed.
5. Negotiation. A demand is presented to insurers, and their offers are answered.
6. Lawsuit. If a fair resolution is not reached, a suit is filed. Discovery, mediation, and possibly trial follow.

Timing varies with the injuries, the number of parties, and the court schedule. A claim can take months or years. The path depends on the facts of each case.

Why El Gringo Law handles these cases

El Gringo Law represents people hurt in serious accidents, including catastrophic injury, spinal cord injury, amputation, burn injury, trucking, premises liability, and wrongful death matters.

Josh Wood is the responsible lawyer for this page. He is licensed in New Mexico and Arizona. Our team includes more than one lawyer, along with support staff.

You can reach the firm by phone, through the contact form, or by starting a chat. Pick the option that fits your situation.

Frequently asked questions