New Mexico Traumatic Brain Injury (TBI) Settlement Calculator & Estimate (2026)
A plain-language estimate based on New Mexico benefit rates and typical case outcomes for this injury type.
Estimated Settlement Range
$26,700 – $80,000
Estimate only. Not legal advice. Actual settlement value depends on your specific case facts — consult a licensed workers comp attorney in New Mexico.
How This Estimate Is Calculated
Here's the math: New Mexico's benefit rate and cap, combined with how Traumatic Brain Injury (TBI) claims typically resolve.
New Mexico pays 67% of your average weekly wage, up to a maximum of $1073/week. For a Traumatic Brain Injury (TBI) claim, the typical temporary disability period is 20 weeks, with settlement multipliers ranging 2.0x–6.0x. See the full methodology for where this range comes from and what it doesn't include.
Here's the actual math: on a $1,000 average weekly wage, New Mexico's formula puts your weekly benefit at $667. Over the typical 20-week recovery window for Traumatic Brain Injury (TBI), that's $13,334 in wage-replacement before any settlement multiplier is applied. Multiplying that by this injury's typical 2.0x–6.0x range is what produces the $26,700–$80,000 estimate above. Your own number will differ based on your real wage — use the calculator on the homepage to plug in your actual figure.
What This Estimate Doesn't Account For
This range doesn't include several things that can meaningfully change a real settlement: your specific impairment rating once you reach MMI, whether the case is disputed, and any future medical treatment beyond the initial injury.
Surgery is common for Traumatic Brain Injury (TBI), and a surgical case typically settles toward the higher end of this range — or above it — since surgery usually means a longer recovery and a higher permanent impairment rating.
About Traumatic Brain Injury (TBI) Claims
Few injury categories vary as widely as TBI. A mild concussion might resolve in weeks; a severe brain injury can mean lifelong care and permanent disability benefits.
Common causes: Falls, being struck by objects, vehicle accidents
Surgery likelihood: high
For a deeper look at what specifically drives severity and impairment ratings for this injury — not just how it's calculated in New Mexico — see the full Traumatic Brain Injury (TBI) resource, including how this injury compares across all 50 states.
New Mexico Workers Comp Rules
- Waiting period: 5 days
- Filing deadline: 365 days
- Attorney contingency fee: 10-20%
- State agency: New Mexico Workers' Compensation Administration
Frequently Asked Questions
How long do I have to file a workers comp claim in New Mexico?
In New Mexico, the filing deadline is 365 days from the date of injury. See the full filing deadline guide for tolling rules and what happens if you miss it.
Is it worth getting a lawyer for a New Mexico workers comp case?
Most workers comp attorneys work on contingency (typically 10-20% of the settlement), so there's usually no upfront cost to get a case reviewed.
How much does a Traumatic Brain Injury (TBI) claim typically pay out in New Mexico?
Estimated range for Traumatic Brain Injury (TBI) in New Mexico: $26,700–$80,000. See the calculation breakdown above for how this was derived.