Determining Negligence in Albuquerque Wrongful Death Claims

Few hardships are as devastating as losing someone you love to an unexpected accident. Beyond the emotional devastation, families are often left with overwhelming financial stress, including medical bills, funeral costs, and the loss of income the person once provided. When someone else’s negligence caused the death, pursuing a legal claim may be one of the few ways to secure accountability and financial relief.

Determining negligence in Albuquerque wrongful death claims could require the help of an experienced attorney. A wrongful death lawyer at NMAF could help you understand whether negligence played a role in your loved one’s passing. Our team is made up of lifelong state residents who care deeply about this community. We know the local courts, the laws, and the people, and we are committed to standing beside families who need trusted guidance during the most difficult times of their lives.

What Does Negligence Look Like Under State Law?

Negligence serves as the legal foundation of most wrongful death cases. Negligence means failing to meet the standard of care that an ordinary, careful person would have followed under a comparable circumstance. Under New Mexico Statutes Annotated § 41-2-1, a wrongful death action may be filed when a death is caused by the wrongful act, neglect, or default of another person. This might include motor vehicle crashes caused by reckless drivers, medical errors in a local hospital, or unsafe conditions on someone’s property. Showing negligence in a wrongful death claim in Albuquerque requires demonstrating that:

  • The defendant was obligated to uphold a duty of care to the deceased
  • The defendant breached that duty through careless or reckless actions
  • The breach of duty led to the death of the deceased
  • The eligible relatives incurred legally recognized damages from the loss

A skilled personal injury attorney could gather the evidence needed to connect these elements and present a compelling case in court. Damages of eligible family members can include lost wages, potential future wages, medical expenses for the injury before death, and funeral costs.

Proving Negligence in Court

Establishing negligence in a wrongful death lawsuit in Albuquerque requires careful investigation and strong evidence. Lawyers often use accident reports, witness testimony, medical records, and professional opinions to demonstrate how a defendant’s actions led to a preventable death.

In this city, the court considers whether the deceased may have shared any responsibility for the accident. The state applies a pure comparative negligence rule, which reduces damages by the percentage of fault assigned to the deceased. However, the family may still recover compensation. A knowledgeable wrongful death attorney could explain how this rule might affect your claim and work to minimize its impact.

Contact Our Team for Help Determining Negligence in Your Wrongful Death Claim in Albuquerque

At NMAF, our team of lawyers has the experience and knowledge to work on determining negligence in Albuquerque wrongful death claims. We could work to discover what caused your loss and guide you through every step of the legal process. As our attorneys live and work here in the city, we understand how local factors, such as heavy commuter traffic, hospital staffing shortages, or unsafe conditions in older buildings, could contribute to negligence.

As attorneys who grew up in this state, we care deeply about protecting families in our community. If your loved one lost their life due to someone else’s careless actions, contact our team today. Our lawyers could help you pursue justice, accountability, and the financial support you need to move forward.