If someone suffers an injury in an accident directly caused by someone else’s reckless or careless actions, the injured person can demand civil compensation for losses they will suffer because of their injuries. However, if that injured person passes away from their injuries before they can file suit, their cause of action for a civil claim does not pass away with them.
Instead, certain surviving family members of the deceased person may have grounds to sue in their loved one’s name and demand compensation for their own ensuing losses, which a skilled personal injury attorney can provide invaluable assistance with. If you have lost someone close to you through an accident that was another’s fault, you have help available from an Albuquerque wrongful death lawyer in understanding and enforcing your right to civil recovery.
According to New Mexico Statutes § 42-2-1, it is possible to file a wrongful death claim after someone passes away directly due to the wrongful act, neglect, or default of another person. More specifically, it is possible to pursue this sort of claim under any circumstances where the deceased person would have had grounds to file a personal injury lawsuit had they survived their injuries or if the actions of the person being sued constituted a felony criminal offense under state law.
While an Albuquerque wrongful death attorney could go into more specific detail about who can recover compensation through a wrongful death lawsuit, state law generally prioritizes recovery for a deceased person’s surviving spouse first, followed by their surviving children or grandchildren, then by their surviving parents, and finally by their surviving siblings. Regardless of who stands to receive compensation, the only person who can formally file this sort of claim in the first place is whoever the deceased person nominated in their will to serve as the personal representative for their estate or whoever the court nominates to fill that role in the absence of valid instructions from the deceased person.
A skilled Albuquerque wrongful death attorney plays a critical role in helping surviving family members or the estate seek justice and financial compensation from the liable party. That means building a powerful case to show that the individual or company’s negligence, recklessness, wrongful conduct, or intentional act, such as a car crash or medical malpractice, was the cause of the accident and the resulting fatal injuries.
We could provide initial guidance on the statutes and their guidelines, evaluate your case to determine whether there is a valid claim, and explain your rights. They can also identify who qualifies to file as the plaintiff and review deadlines to ensure you meet the requirements of the critical statutes.
We also conduct thorough investigations to gather and preserve the crucial evidence, including police officer reports, medical records and bills, witness statements, and video footage and photographs. If they deem necessary, they may hire experts, such as accident reconstructionists or medical professionals, to analyse the cause of the accident and establish fault.
We build a powerful legal argument to meet each element of negligence, including duty of care, breach, and causation. Then assess and calculate the damages to determine the economic and non-economic damages caused by the liable party’s actions and the loss of the deceased.
We handle negotiations and all communications with insurance companies to ensure a fair settlement. If we cannot reach an acceptable agreement, we prepare the legal claim, file the wrongful death complaint, and litigate as necessary. We protect your interests during a difficult time by handling communications, paperwork, and legal complexities, so you and your family can grieve.
There are various types of wrongful death lawsuits depending on the cause of the accident leading to the death of your loved one. The New Mexico Wrongful Death Act governs the cases, allowing you to pursue compensation from the liable party. The different types of cases include the following:
Other examples of accidents caused by negligence that often lead to wrongful death actions include recreational boating accidents, environmental hazards, or police misconduct.
If the defendant in a wrongful death case also faces criminal charges, that case is entirely separate. The two cases can proceed independently and simultaneously, as there are no legal requirements in the state to wait for the prosecution for that case to complete. The burden of proof for the civil case is less than that of the criminal case, only needing to establish fault by a preponderance of the evidence, rather than beyond a reasonable doubt. That means even if the jury acquits them, you can still win monetary damages. Our compassionate wrongful death lawyer in Albuquerque can provide support and guide you through each step of the process.
The purpose of a wrongful death claim is not to recover for losses experienced directly by a deceased person, as those can be factored into a similar but separate claim called a survival action. As a result, recoverable damages in wrongful death cases look different from those factored into standard personal injury claims and may specifically include things like:
Wrongful death lawsuits are subject to the same three-year filing period as most other personal injury cases. That period begins on the date of death for a wrongful death claim rather than on the date of the deceased person’s initial injury. A lawyer in Albuquerque could provide vital help with constructing and filing a strong wrongful death claim within this strictly enforced deadline.
There is no easy way forward after losing a close family member before their time. As hard as it may be to think about right now, it may be crucial to take proactive legal action against the person responsible for causing your family’s immense loss so you can minimise the effects their misconduct has on you and your loved ones in the years to come.
You have support available from a compassionate Albuquerque wrongful death lawyer from start to finish of your legal proceedings. Call today to discuss your options.
