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★ New Mexico · head & brain

Head & brain settlements
in New Mexico.

By 9 min read

A drunk driver ran a red light in 2012 and hit a car whose driver needed a craniotomy for a subdural hematoma. The court found damages of $191,864.63 and cut them only 5 percent for the injured man’s own drinking, ignoring that he wore no seatbelt. A Los Alamos laborer who cracked his hard hat in a fall won back his benefits.

Facts that decide a head & brain claim in New Mexico

Seat belt useNot wearing a belt is not fault or negligence and cannot limit or apportion damages; Rodriguez’s court ignored it.NMSA 1978, § 66-7-373; see our seat belt table
Causation in compA judge’s denial for lack of proof to a reasonable medical probability was reversed where substantial evidence did not support it.Trujillo v. Los Alamos National Laboratory (N.M. App. 2016)
Claims against governmentWritten notice within 90 days; Tort Claims Act damages are capped at $400,000 per person plus up to $300,000 for medical expenses.NMSA 1978, §§ 41-4-16, 41-4-19; see our notice table
★ band · US federal frame
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

The US band is the starting point. New Mexico's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your head & brain claim in New Mexico. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ NM · reported head & brain outcomes

What New Mexico courts have awarded.

Real New Mexico decisions and verdicts, each linked to the court record or official report.

  • Rodriguez v. Williams
    New Mexico Court of Appeals · 2015
    $191,864.63 in damages, less 5 percent; affirmed

    In February 2012 Williams, with a blood alcohol of .11, ran a red light and hit Alfredo Rodriguez, whose level was .076 and who wore no belt. He had a craniotomy for a subdural hematoma and eight days in hospital. Damages were $111,924.63 in medical costs, $4,940 in wages, $25,000 for the injury’s nature and extent, and $50,000 for pain and suffering.

  • Trujillo v. Los Alamos National Laboratory
    New Mexico Court of Appeals · 2016
    Dismissal reversed

    In November 2012 Eric Trujillo, a labor foreman, stepped on a slick spot carrying a 25 pound chipping hammer and fell about six feet from scaffolding onto his back, cracking his hard hat. He was sent back to work, but that night became stiff and confused and was diagnosed with a head injury. The judge denied continued benefits for lack of causation proof; the court reversed.

★ NM · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in New Mexico.

  1. 1

    Your own drinking reduces a New Mexico award but does not bar it, as Rodriguez’s 5 percent cut shows.

  2. 2

    Get checked again if confusion appears hours after a fall; Trujillo’s head injury was found that night.

  3. 3

    Hospital liens can claim part of an award, so account for them in any settlement.

★ NM · statute of limitations
3 years from date of injury

N.M. Stat. § 37-1-8

★ NM · fault rule
Pure comparative negligence

Pure comparative negligence under Scott v. Rizzo (1981).

★ NM · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in New Mexico.

★ head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. New Mexico courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · same region & fault regime

Compare to like jurisdictions.

How New Mexico's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
New Mexico · you are herePure comparative negligence3 years from date of injury—
OklahomaModified comparative, 51% bar2 years from date of injuryOK · head & brain →
ArizonaPure comparative negligence2 years from date of injuryAZ · head & brain →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · head & brain →
Rhode IslandPure comparative negligence3 years from date of injuryRI · head & brain →
WashingtonPure comparative negligence3 years from date of injuryWA · head & brain →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · head & brain →
North CarolinaPure contributory negligence3 years from date of injuryNC · head & brain →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · head & brain →
OhioModified comparative, 51% bar2 years from date of injuryOH · head & brain →
OregonModified comparative, 51% bar2 years from date of injuryOR · head & brain →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · head & brain →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · head & brain →
★ NM · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of NM
New Mexico overview

Fault rule, statute, caps, and key facts for New Mexico as a whole.

★ federal frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for New Mexico's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in New Mexico. See /methodology, /sources, and /disclaimer.