Damages in Albuquerque Wrongful Death Cases

When one person dies because another person or entity acted negligently, their family has the right to demand compensation. To claim damages in Albuquerque wrongful death cases, you need to file a lawsuit.

Dealing with legal issues while grieving can be excessively complicated. That is why you need to consider hiring a wrongful death attorney. A practiced lawyer could fight for fair damage recovery and give you space to grieve the death of a loved one.

Types of Damages in a Wrongful Death Case

The types of damages the decedent’s family can recover as part of a wrongful death claim are:

  • Medical Expenses: If the deceased received medical treatment before passing away, the family can recover compensation for hospital bills, medication, surgeries, and other healthcare costs.
  • Funeral and Burial Costs: Families have the right to recover reasonable funeral and burial expenses.
  • Loss of Income and Benefits: If the deceased was a source of financial support, the surviving family can claim the income the deceased would have earned. This can include lost wages and retirement contributions.
  • Loss of Consortium and Companionship: Surviving spouses can seek compensation for the loss of emotional support and companionship.
  • Pain and Suffering of the Deceased: If the victim experienced pain and suffering before death, the family members may receive compensation for it.
  • Loss of Parental Guidance: If the deceased had minor children, damages may include the loss of guidance and care that the child would have received.

In some situations, family members can also receive compensation for the trauma caused by the sudden loss of a loved one. An experienced attorney in Albuquerque could identify all wrongful death damages the family is entitled to and file a relevant claim.

Evidence in a Wrongful Death Case

To recover full damages in a wrongful death case in Albuquerque, the legal team has to provide extensive evidence. The purpose of this evidence is to prove the at-fault party’s negligence and support the amount of the requested compensation.

This often involves collecting medical records, accident reports, witness statements, and expert testimony. The victim can also present financial documents to demonstrate the extent of lost income and future earnings.

The stronger the evidence, the more likely the court is to rule in favor of the grieving family. An attorney could help gather all the necessary proof and present it to the insurance company or the court.

Negotiations with the Insurance Company

In many wrongful death cases, the decedent’s family has to negotiate the compensation amount with the insurance companies. Insurance adjusters often try to minimize the payout. They use all types of tactics, including emotional pressure, to convince the grieving family to accept an unfair settlement.

An experienced attorney could handle these negotiations on the family’s behalf. They use their negotiation experience to push back against low offers and fight for fair compensation.

Consult a Skilled Attorney in Albuquerque about Damages in Wrongful Death Cases

Recovering full damages in Albuquerque wrongful death cases requires a comprehensive legal approach. An experienced wrongful death lawyer could help evaluate the damages, collect evidence, negotiate with the insurance company, and more.

A legal team from Duran & McDonald could guide you through the wrongful death case and protect your rights. Call us to schedule a free consultation today.