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.
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 minimize 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.
