Catastrophic Injuries in New Mexico

Catastrophic Injuries

  • Brain injury is one of the most serious and calamitous injuries that victims experience. Our firm is experienced in effectively handling brain injuries from various events, such as car or truck accidents, construction accidents, coal mine accidents, motorcycle accidents, slip and falls, and many others.

  • Brain injuries affect not just the individual, but the family of the loved one who has sustained the injury. Because of the extensive nature of the injury, brain damage can cause a loved one to not only lose a job, but also basic functions, from walking to speaking. Brain injuries affect a family financially and emotionally, and you need to know the best way to go about handling an injury of this extent from caring professionals.

  • If the injury was suffered at work, then you need an experienced lawyer who knows how to get you workers’ compensation. While financial settlements can’t heal the emotional pain resulting in the injury of a loved one, it makes day to day life much easier, especially if the injury causes your loved one to lose his or her job. Workers’ compensation helps to ease the burden of financial responsibility.

Spine or Spinal Cord Injury

  • Oftentimes, spinal cord injuries are caused by vehicular accidents or construction jobs. These accidents sometimes lead to loss of full mobility and even partial or full paralysis. This can cause your loved one’s job to be lost and future assistance to be needed for the rest of his or her life.

  • Spinal cord injuries are life-changing. That is why you need assistance from the attorneys at Killian Davis Richter & Mayle, PC. Our spinal cord injury lawyers offer compassionate help to you and your family..

Fatalities and Wrongful Death

  • Our law firm handles litigation over wrongful death resulting from car, truck, or other automobile accidents.

  • Our attorneys also deal with cases from job site accidents, such as: oil and gas accidents, construction faults, radiation exposure, and others.

  • Unfortunately, loved ones suffer because of others’ carelessness. You don’t need to be in a constant state of worry about what is going to happen to you and your family because of your loved one’s death—our law firm is dedicated to giving you the quality help that you need. We’ll do the hard work and take the burden so you can focus on helping your family to recover.

History of Train Accidents

Train Accidents

The United States was captivated by the idea of train travel from the time the first tracks were laid. From the completion of the Transcontinental Railroad, with its famous golden spike, to the construction of elevated trains above Chicago, trains have long been a favorite way for us to travel with convenience.

But every different phase of railway travel, whether steam, diesel, or electric, has been plagued by the threat of many different kinds of accidents:

  • Faulty track construction and maintenance

  • Failure to keep engines in good running condition

  • Drivers disregarding safety protocols

  • Control personnel sending wrong messages to drivers

  • Deliberate attacks on trains (terrorism)

Today, fortunately there are clear paths for victims of train accidents to gain compensation for their injuries. In New Mexico, Killian Davis Richter & Mayle offer the services of personal injury attorneys who know how to get these victims the restitution they deserve quickly.

The Nature of Train Accidents

When you think of a train accident, your first impression is probably of a spectacular crash. Devastating crashes between trains are certainly the ones that make it into the news headlines, but there are other ways that people can be injured or killed on or around trains:

  • Trains and cars can collide at road crossings if signaling devices are not maintained or if visibility at the crossing is restricted by overgrown foliage.

  • Trains can become derailed if there are objects on the tracks or the tracks are damaged.

  • Drivers who use poor techniques (braking too fast, etc.) can cause injury to passengers without a crash even occurring. These minor incidents are difficult for plaintiffs to prove, and require the help of skilled personal injury lawyers.

  • Hazardous materials on board trains can ignite or leak, endangering the lives of people near the railroad.

It is rare that a train accident is unpreventable or due entirely to the influence of nature. In most cases, a manufacturer, maintenance crew, driver, controller, or owner acts in a negligent way that opens the door for an accident to happen.

Litigating over Train Accidents

As in any transportation accident, victims often receive an initial offer from the responsible insurance company, which is most likely too small to cover the expenses of recovery. Getting fair compensation for injuries or wrongful death suffered in a train accident is very difficult, for several different reasons:

  • Minor injuries caused by sudden, jerky movements on the train are difficult to detect and trace back to their causes.

  • Recreating accidents at road crossings is complex and difficult, requiring a great deal of evidence and witness testimony.

  • As well-funded companies (or, in some cases, the federal government itself), train owners can afford to hire very skillful defense attorneys to oppose the efforts of plaintiffs to win a fair settlement for injuries.

Airplane Accidents in New Mexico

Airplane Accidents

For obvious reasons, aviation accidents are extremely devastating and can result in many lives lost and a large amount of property damage. Fortunately, they are not frequent occurrences in New Mexico, but when they do happen, those affected must ensure that they receive the support they need.

There are several different types of aviation accidents that can occur. Although most people immediately think of an incident involving a large commercial airliner, accidents may happen in any sort of aircraft. Therefore, an aviation accident may be classified based on the type of aircraft that were involved. Potential aircraft include:

  • Fixed wing aircraft (both commercial jets and small private airplanes)

  • Helicopters

  • Aircraft built from a kit or experimental aircraft

  • Aircraft used for tours or charter aircraft

  • Aircraft used for medical evacuation

Accidents may also be classified based on the actual event itself. In this case, the categories include such classifications as:

  • Accidents occurring during takeoff, such as an improper taxi or failure to prepare the aircraft adequately for flight

  • Accidents occurring as a result of a bird strike that interferes with the operation of the aircraft

  • Equipment failure

  • Accumulation of ice on the frame of the aircraft that hinders proper flight control

  • Accidents occurring during landing including failure of the landing gear to deploy or properly support the aircraft

The type of accident will determine the personnel involved in the investigation. The National Transportation Safety Board (NTSB) is typically the agency tasked with investigating an aircraft crash. For a major incident, the Federal Bureau of Investigation (FBI) and the Federal Aviation Administration (FAA) will also assist. For major airline incidents, the Aviation Disaster Family Assistance Act of 1996 outlines the responsibilities of both the NTSB and the involved airline.

Cause of an Airplane Accident

Before anyone can justly be blamed for an aviation accident, investigators must determine the cause. Typically the cause of the accident can be traced back to one or possible more than one of the following:

  • Defective equipment or defective aircraft design

  • Pilot error

  • Air traffic controller error

  • Improper maintenance or faulty repair of the aircraft

  • Problems with fuel

Legal Action in Airplane Accidents

Once a cause is determined, victims and families must decide whether to pursue legal action. The particular claim will depend on the nature of the cause.

  • Product liability claims are generally made when the accident was caused by a faulty aircraft design or defective equipment.

  • Accidents due to pilot or other human error typically result in a claim of negligence.

  • The Federal Tort Claims Act comes into play when the accident is the fault of an employee of the federal government, such as a Federal Aviation Agency air traffic controller.

The Aviation Disaster Family Assistance Act prevents attorneys from directly contacting family members in the days following the incident. Therefore, families must be alert to recognize the need for legal action and seek out a lawyer qualified to handle their case.