Paraplegia Car Accident Claims, Handled With Care

What Paraplegia After a Car Accident Means for Your Claim

Paraplegia after a car accident means paralysis of the legs and lower body. It is usually tied to damage to the spinal cord.

For a claim, the medical record is the foundation. Notes from the hospital, the rehabilitation team and every treating provider show how the injury happened and how it is changing. Keep copies of everything.

This page is written for the injured person and for family members acting on their behalf. A spouse, parent or adult child is often the one who makes calls, reads bills and asks questions.

Many people reading this are still in early rehabilitation. Learning your options now is a reasonable step. You don’t have to decide anything today.

What a Paraplegia Injury Claim Can Cover

A paraplegia claim can seek payment for the losses the crash caused. Those losses can include medical care, equipment, lost income and the effects on daily life.

• Medical care: past and future hospital stays, surgery, rehabilitation, medications and therapy visits.
• Adaptive equipment: wheelchairs, transfer equipment and vehicle hand controls.
• Home changes: ramps, wider doorways and accessible bathrooms.
• Lost income: wages lost so far, and earning ability lost if the person can no longer do the same work.
• Daily care: in-home or attendant care that treating providers document as needed.
• Pain and suffering: including the loss of enjoyment of life.

Family members may have their own claim. Under Thompson v. City of Albuquerque, loss of consortium (losses to a close relationship) belongs to the family member when the relationship was close enough, not to the injured person.

Documentation ties it together. Medical records, bills, employer records and a life-care plan (a written plan of future care prepared with treating providers) give a claim its support.

Who May Be Responsible in a Car or Truck Crash

The at-fault party is the person or company whose negligence caused the crash, and the claim has to show it. Under Herrera v. Quality Pontiac, a negligence claim generally needs a duty, a breach of that duty measured by reasonable care, and a breach that was a proximate cause of the injury.

Evidence that helps show fault includes:

• Witness statements and photos, collected early, before the scene changes.
• Vehicle data and the vehicle itself, which should be preserved.

Commercial trucks raise more questions. Federal hours-of-service rules limit how long property-carrying drivers can drive, and those records can matter. A truck crash may involve the driver, the company, or both.

Insurance matters too. That can matter when the at-fault driver carries too little insurance.

How the Claim Process Works, Step by Step

A claim usually moves from a first consultation to evidence gathering, medical documentation, insurance negotiation and, if needed, a lawsuit. A paraplegia car accident lawyer typically walks a claim through these steps in order.

1. Free consultation. You share the crash details, the injuries and any paperwork.
2. Evidence. The crash report, photos, vehicle data, and medical and work records get collected while they are easiest to find.
3. Medical documentation. The firm coordinates with treating providers so the injury and expected care are clearly recorded.
4. Insurance claim. The claim goes to the insurance company with a demand package of records. Negotiation follows.
5. Lawsuit, if needed. If a fair resolution isn’t reached, a lawsuit may be filed in New Mexico court.

Timing is its own question. Paraplegia claims often take longer than minor injury claims. The full care picture can take months to become clear, so the timeline follows the medical facts as they unfold.

New Mexico Rules That Shape a Paraplegia Car Accident Case

New Mexico generally gives three years to bring a personal injury claim. Fault is compared, not used to block a claim entirely.

• Evidence fades and records get harder to collect, so early action protects both the claim and its proof.
• Shared fault. New Mexico follows pure comparative negligence (shared fault). Under Scott v. Rizzo, a plaintiff is no longer totally barred from recovery because of their own negligence. Under UJI 13-2218 NMRA, the total damages are reduced by the injured person’s percentage of fault.
• Fatal crashes. A wrongful death claim has its own rules. It must be brought within three years after the cause of action accrues, which is as of the date of death, under NMSA 1978 § 41-2-2.

Why Work With El Gringo Law

El Gringo Law represents people hurt in car, truck and other accidents across New Mexico. Josh Wood is the lawyer responsible for this page.

• The firm handles car accidents, trucking accidents, premises liability, negligent security, wrongful death, sexual assault, catastrophic injuries, spinal cord injuries, amputations and burn injuries.
• It represents clients in Albuquerque, Bernalillo County, Rio Rancho, Sandoval County, Santa Fe, Las Cruces, Taos and Farmington.
• Josh Wood is licensed in New Mexico and Arizona.
• Our team and our lawyers work on each matter together, from first call to final step.
• Every case is different. Past results do not predict a similar outcome.

The Free Consultation and How Fees and Costs Work

The first consultation is free, confidential and comes with no obligation to continue. In Spanish: consulta inicial gratuita, confidencial y sin compromiso.

How fees and costs are charged is set out in the firm’s written agreement. Ask us to walk through that agreement and how it applies to your situation before you decide anything.

Questions about fees, costs and timing are fair questions to bring to that first conversation.

Frequently Asked Questions