When a loved one dies due to someone else’s negligence or wrongful act, families face overwhelming grief and confusion. Understanding the Albuquerque wrongful death case process could help you get through this difficult time. The attorneys at Duran & McDonald provide compassionate guidance to families seeking justice for wrongful death.
Wrongful death laws vary by state. Our Albuquerque attorneys could help protect you and your family’s rights during a wrongful death case in New Mexico.
When another party is negligent and it leads to someone’s death, it is called wrongful death. Death may also result from an intent to harm or recklessness. For example, a wrongful death case may be filed for medical malpractice, a car accident, or a defective product. Each case requires proof that negligence caused the death.
Only the personal representative of the deceased’s estate is authorized to file the lawsuit. This person is named in the will or appointed by the court. The representative files on behalf of beneficiaries, including the spouse, children, and parents. Understanding who has legal standing is essential before proceeding.
The process begins with a thorough investigation. Your wrongful death attorney will gather medical records, accident reports, and witness statements to support your case. The state imposes a three-year statute of limitations from the date of death. Other deadlines may be shorter. For example, if you are suing a governmental entity, the deadline is two years. Missing this deadline can bar you from seeking compensation entirely. Early legal consultation ensures all deadlines are met and evidence is preserved.
Wrongful death lawyers must prove four elements: duty of care, breach of duty, direct causation of death by the breach, and measurable damages. Specialists, such as medical professionals, accident reconstructionists, and financial experts, often testify to establish causation and calculate damages.
Damages can be categorized into two types: economic and non-economic. Economic damages include medical expenses, funeral costs, and lost income. Non-economic damages cover pain and suffering, loss of companionship, and emotional distress. Future earnings are calculated based on the deceased’s age, health, and earning potential. Each family’s situation is unique, affecting the final amount of damages for a wrongful death.
Most wrongful death cases settle pre-trial. Your wrongful death attorney could negotiate with insurers and defense lawyers on your behalf. Initial offers are often low, but skilled legal representation could help you receive fair compensation. Negotiations can take months, but you ultimately have the final decision on whether to accept offers. If negotiations fail, your case will proceed to litigation and a possible trial.
Once your case concludes, you will receive your settlement or verdict award. Your wrongful death attorney will then deduct legal fees and case expenses from the total. The remaining funds are distributed in accordance with New Mexico law. Compensation cannot replace the loss of your loved one. However, it could provide financial security and hold negligent parties accountable.
Vehicle accidents are a common cause of wrongful death claims. Medical malpractice cases require proving deviation from care standards. Workplace deaths may involve both workers’ compensation and wrongful death claims. Product liability cases involve defective or dangerous products. Our experienced attorneys understand the specific evidence requirements for the different types of wrongful death claims in Albuquerque.
The wrongful death process can bring challenges, such as insurance companies trying to avoid or reduce liability. We can manage these difficulties on your behalf, protecting you and your family during this difficult time.
After a tragic and preventable loss, contact NMAF for a consultation. Our team provides the compassionate support and aggressive representation your family deserves during the Albuquerque wrongful death case process. Call our firm today to schedule a consultation.
