A spinal cord injury changes your life. You don't have to face the questions alone.

A spinal cord injury can change how a person moves, feels and breathes. In Sandoval County, these injuries often follow a serious crash, a fall on someone else’s property, or a violent attack. This page explains how spinal cord injuries happen, what the medical terms mean, and what families should gather early. It also explains how New Mexico law may apply. El Gringo Law represents people hurt in these situations across New Mexico.

What a Spinal Cord Injury Is and Why the Level of Injury Matters

A spinal cord injury damages the nerve pathway that carries signals between the brain and the rest of the body. Signals below the injury can weaken, stop or change. That is why the location of the injury matters.

The spinal cord has three layers of protective tissue. Cerebrospinal fluid (CSF, the clear fluid that cushions the brain and spinal cord) surrounds it to help absorb shock. You can read more in the NINDS spinal cord injury page.

Doctors name the injury by level. Nerves in the neck (cervical C1 to C7) control signals to the back of the head, the neck, the shoulders, the arms, the hands and the diaphragm, the main muscle used for breathing. Chest nerves (thoracic T1 to T12) reach the chest muscles and many organ systems. Lower back nerves (lumbar L1 to L5) reach the lower belly, the buttocks and parts of the legs. Sacral nerves (S1 to S5) reach the thighs, lower legs and feet.

An injury between C1 and C4 can stop breathing, because those nerves drive the diaphragm. Medical records use these level names, so families often hear them. The medical team makes the diagnosis and gives the prognosis. Your lawyer’s job is to understand those records and the claim, not to replace the doctors. A diagnosis can be updated as doctors learn more during the first weeks.

Spinal Cord Injuries From Car and Truck Collisions on Sandoval County Roads

Car and truck collisions can injure the spinal cord when the force of impact twists, compresses or shifts the spine. Rollovers and ejections are a particular concern. A person thrown from a vehicle can suffer serious spine injuries.

Many Sandoval County residents drive I-25 and US-550 for work and daily travel. A crash on a busy highway can involve high speeds and large vehicles. Those facts shape how the crash is investigated and documented.

A crash with a commercial truck can involve more than one responsible party, including the company that employed or dispatched the driver. Under 49 C.F.R. § 395.8, a motor carrier subject to the requirements of this part must require each driver used by the motor carrier to record the driver’s duty status for each 24-hour period, except a private motor carrier of passengers (nonbusiness). Under 49 CFR § 395.20, electronic logging devices put into use after December 18, 2017 must satisfy this subpart’s requirements. Those driver records can become important evidence in a trucking accident claim.

Documentation starts at the scene. New Mexico law requires a driver in a crash involving injury to stop at the scene, or as close as possible, and remain there until the legal steps are met (NMSA 1978, § 66-7-201). Under § 66-7-207 of the New Mexico Statutes, the driver of a vehicle in an accident that results in bodily injury to or death of any person, or in total property damage to an apparent extent of five hundred dollars ($500) or more, must forward a written report of the accident to the department of transportation within five days after the accident.

Families should keep the police report number, photos of the scene and vehicles, and names of witnesses. Good records help the car accident claim from the first day.

Spinal Cord Injuries From Falls on Someone Else’s Property

A property owner or occupant generally owes visitors a duty of ordinary care. The New Mexico pattern instruction says an owner or occupant “owes a visitor the duty to use ordinary care to keep the premises safe for use by the visitor” (UJI 13-1309 NMRA). Its committee commentary says this duty can apply even when a danger is known or obvious, unless a court decides otherwise.

Where the evidence supports it, the separate slip-and-fall instruction, UJI 13-1318, charges an owner or occupant with knowledge of a condition it would have known about had it made a reasonable inspection, or of a condition caused by the owner or occupant or its employees. The use notes say this language should be given if there is evidence that the defendant failed to make a reasonable inspection that would have revealed the dangerous condition, or that the condition was caused by the defendant or an employee of the defendant (UJI 13-1318 NMRA). This matters when a fall happens on a hazard that should have been found and fixed.

Common fall hazards include unsafe stairs, broken steps, loose handrails, wet floors with no warning, and unsecured shelving or structures. A known defect that no one repaired is another common issue.

Take photos of the location and the hazard as soon as you can. Ask the property manager for an incident report, and write down names of witnesses. These steps support a premises liability claim.

Spinal Cord Injuries From Violent Attacks and Negligent Security

Negligent security is a claim that a property owner or manager failed to take reasonable steps to protect people from a foreseeable attack. Foreseeable means the harm was a reasonably likely result of the conditions.

New Mexico negligence claims generally require a duty owed by the defendant, a breach of that duty, and a breach that caused the harm. Breach is typically measured by reasonable care. The breach must be a proximate cause and cause in fact of the damages (Herrera v. Quality Pontiac). Proximate cause means the harm follows in a natural, continuous sequence. It need not be the only cause.

Records help document these claims. Useful records include incident reports, prior complaints about the property, lighting and lock conditions, and security video. Video can be overwritten, so ask for preservation early.

These cases turn on the specific property and the specific attack. General information can’t tell you how a particular case will go. A review of the facts is the only way to answer that question for your family. Learn more on our negligent security page.

Why the First Weeks After a Spinal Cord Injury Matter

Follow every medical plan. Keep copies of discharge summaries, imaging reports, therapy notes and bills. These records show the injury, the treatment and the care that followed.

Keep a daily journal. Write down symptoms, pain, limits on daily tasks, and the help a family member provides. A journal shows how the injury affects ordinary life.

New Mexico law limits early contact with an injured patient. For 15 days from the occurrence, a person whose interest is adverse to the injured patient generally cannot negotiate a settlement, seek a general release, or obtain a statement for settlement use. That section covers a person injured who is either under the care of a person licensed to practice the healing arts or confined to a hospital or sanitarium as a patient (§ 41-1-1 of the New Mexico Statutes).

Under that section, a settlement agreement, a release of liability or a written statement is void unless the injured party acknowledges it before a notary public who has no interest adverse to the injured person (§ 41-1-1 of the New Mexico Statutes). Before you sign a release or give a statement, read it and ask questions.

Understanding the Costs of a Catastrophic Spinal Cord Injury

A catastrophic spinal cord injury can bring costs that continue long after the hospital stay. Costs often include emergency and surgical care, inpatient and outpatient rehabilitation, and durable medical equipment such as wheelchairs. They can also include home modifications such as ramps and bathroom changes, attendant care, and lost earning capacity.

Future care needs are often estimated with the help of medical providers and other professionals. Those estimates depend on the injury, the treatment and the person’s life before and after the crash or fall. The catastrophic injury claim process looks at each of these areas.

Every case is different. Every case is different, and the outcome of past cases does not predict a similar outcome in yours.

When a Crash or Accident Leads to a Wrongful Death Claim

When a spinal cord injury leads to death, New Mexico law can allow a wrongful death claim. When a death is caused by the wrongful act, neglect or default of another, and that act, neglect or default would have entitled the injured party to maintain an action and recover damages if death had not ensued, the person or corporation that would have been liable remains liable to an action for damages, notwithstanding the death of the person injured (§ 41-2-1 of the New Mexico Statutes).

Under § 41-2-1 of the New Mexico Statutes, a person or corporation that would have been liable had death not ensued shall be liable to an action for damages, notwithstanding the death of the person injured. Section 41-2-1 provides that the person or corporation who would have been liable, if death had not ensued, is liable to an action for damages, notwithstanding the death of the person injured.

Loss of consortium is a claim for the loss of a close relationship.

Families should keep the decedent’s medical and employment records. They should also protect any vehicle or property evidence. Learn more on our wrongful death page.

Sandoval County Communities and the Local Courts Your Case May Involve

Families across Sandoval County may face these claims. That includes people in Rio Rancho, Bernalillo, Corrales and Placitas. Bernalillo is the Sandoval County seat. Rio Rancho sits along I-25, which many commuters use to reach the Albuquerque area.

Where a case is filed depends on procedure. The location of the crash or fall and where the defendant lives or does business can both matter. A review of the facts answers these questions for each case.

El Gringo Law represents injured people in New Mexico. Our lawyers and team work with clients in the communities listed above and across the state.

Time Limits to Know After a Spinal Cord Injury in New Mexico

New Mexico sets specific time limits for filing injury claims. Missing a deadline can end a claim, so timing matters early.

§ 37-1-8 of the New Mexico Statutes requires an action for an injury to the person to be brought within three years. The section’s text does not say when that three-year period begins to run, so the starting date in a particular case is a question to raise with a lawyer. Every action instituted by virtue of the provisions of this and the preceding section must be brought within three years after the cause of action accrues (NMSA 1978, § 37-1-8). For a wrongful death action, § 37-1-8 of the New Mexico Statutes provides that the cause of action accrues as of the date of death.

Some claims follow different timing. Early review helps check deadlines, preserve evidence and gather records while details are still fresh.

Who Writes This Content and How the Firm Works With Injured Clients

El Gringo Law publishes this page. Josh Wood is the responsible lawyer for its content. Josh Wood is licensed in New Mexico and Arizona.

The firm handles car accidents, trucking accidents, premises liability, negligent security, wrongful death, sexual assault, catastrophic injuries, spinal cord injuries, amputations and burn injuries. You can reach the firm at elgringolaw.com or through the contact page.

Our team can talk with you in English or Spanish. Our initial consultation is free, confidential and without obligation.

Common questions about spinal cord injury claims

Talk With Our Team About a Spinal Cord Injury in Your Family

If a crash, fall or attack left someone in your family with a spinal cord injury, you may have a claim worth reviewing. Time limits and evidence can change quickly, so waiting can cost you options. Use the contact form to reach our team, or start a chat on the site to ask your first question today. Si prefiere español, puede escribirnos en esa misma página.