Losing a loved one unexpectedly can be devastating. If that loss was the result of someone else’s negligence or wrongful actions, filing a wrongful death claim may help bring a sense of justice and accountability. For many families, understanding the process of filing a wrongful death action in Albuquerque can be the first step toward healing and resolution.
Under New Mexico Statutes § 41-2-1, a wrongful death action arises when a person dies due to the wrongful act, neglect, or default of another entity. The purpose of this civil lawsuit is to secure compensation for the losses suffered by the surviving family members or estate. Reach out to our wrongful death attorneys to learn more about your family’s legal rights.
A wrongful death claim in Albuquerque must be filed by a personal representative of the deceased person’s estate. This individual is typically appointed in the deceased’s will or by the court if there is no will. Although the personal representative files a claim, the damages awarded are distributed to surviving family members according to state laws.
The most common beneficiaries in wrongful death cases include surviving spouses and children. If the decedent has no spouse or child, parents or siblings may be entitled to these benefits.
Wrongful death cases arise from a variety of circumstances. Some of the most frequent causes include auto accidents caused by recklessness, medical malpractice at local clinics, workplace accidents at construction sites, defective products, and nursing home abuse. Each situation demands a thorough investigation.
New Mexico allows for the recovery of different types of damages in wrongful death cases. These include funeral and burial expenses, loss of future income, loss of companionship or care, and pain and suffering. The surviving family members may also pursue compensation for emotional distress. When a family decides to file a wrongful death action, an Albuquerque attorney will work to account for all losses.
Navigating a wrongful death claim is not only emotionally draining but also legally complex. For that reason, it is essential to work with an attorney who knows the Albuquerque courts and understands the local culture. You can also count on a local attorney to hold a deep commitment to the people of New Mexico. Other law firms may not offer the same personalized, community-centered experience.
A legal team with years of hands-on experience with wrongful death litigation supports the community. Our lawyers practice law with integrity, compassion, and legal excellence. Additionally, you can count on our local team to understand the intricacies of New Mexico personal injury and wrongful death law.
There is a strict deadline for filing a wrongful death claim. The statute of limitations is three years from the date of the death. Missing this deadline may result in losing the right to seek compensation entirely. Acting promptly preserves evidence and protects the family’s rights.
Are you ready to discuss your situation and learn more about your legal options? Call our team today. We proudly serve New Mexico families with respect, care, and dedication. We can set up a consultation to help you learn more about your legal options.
