What You Need to Know About Filing a Wrongful Death Claim in New Mexico
Losing a loved one is sad. It’s one of the most difficult experiences you can ever imagine. But filing a wrongful death claim is even more sad than that.
However, not to worry, some specific legal claims help in seeking justice and compensation for such losses. Yes, there are wrongful death lawsuits that you can file in New Mexico, to give your loved ones the justice they deserve.
In this article, we are going to talk about how to file for a wrongful death lawsuit in New Mexico and how you can get the justice you deserve.
Common Causes of Wrongful Deaths
According to the death attorneys in Albuquerque, a wrongful death can only take place when a wrongful death takes place if a person gets killed due to their wrongful acts. In that case, the close relative of the victim can sue or the victim can even sue if they survive.
Wrongful death can take place in varied circumstances. It stems from the negligent or reckless actions of the party. In New Mexico, like in other states, several common causes can lead to wrongful death. Thus, you’ll need an Albuquerque wrongful death attorney who can easily help you out in this regard. Here are some instances that are one of the most prevalent causes of wrongful death:
Car Accidents
One of the major causes of wrongful deaths in New Mexico is car accidents. These accidents are the result of speeding, reckless driving, DUI, and even vehicle defects.
Suppose you’re a driver and your driving leads to a negligent car crash, then in that case, your family members can file wrongful death claims against the responsible party.
Medical Malpractice
Another fine example of wrongful deaths is medical malpractice. In this case, the healthcare providers fail to provide the proper care your loved ones deserve. This, hence results in injury or death.
Some examples of medical malpractice are when your medical personnel has committed some sort of surgical error. Even the misdiagnosis of a disease that later took a fatal shape is also a fine example of medical malpractice. In that case, you as a surviving family member can pursue compensation through the wrongful death claims against the healthcare facility.
Workplace Accidents
Another fine cause of wrongful deaths is accidents that take place in the workplace. If you’re working in construction, transportation, or manufacturing, then you can suffer fatal injuries.
In that case, the common causes of these hazards are falling from heights, being struck by objects, or even equipment malfunctions. Luckily, in New Mexico, the surviving family members are hence eligible to file a wrongful death claim against the employers or third parties who are responsible for this.
The Legal Framework of Wrongful Death Claims in New Mexico
New Mexico has introduced a new legal framework. In this legal framework, the state codified the wrongful deaths under the New Mexico Wrongful Death Act, of 1978. Here the legislation outlines the facts about who can file wrongful death claims and the types of recoverable damages. It also has a prescribed statute of limitations through which the claims should be filed.
Eligibility to File a Wrongful Death Claim
The NMWD Act specifies the people who are eligible to file for wrongful death claims. Let’s see who can.
- If you’re the family member of the deceased person.
- As the personal representative of the deceased individual, you can also file for this lawsuit.
Remember, as a sibling you cannot file for wrongful death claims. But you can, if you’re a legal representative of the victim and their estate.
Understanding the Statute of Limitations
Statute of Limitations plays an essential role in this aspect. The statute essentially sets the tone about the deadline during which you must file the lawsuit.
For example, the statute of limitations in this case is 3 years from the date of death. However, there are certain exceptions that come with this rule. The exceptions are primarily based on the circumstances of the case that highlight the crux of seeking legal advice in a prompt manner.
Recoverable Damages in Wrongful Death Claims
The recoverable damages in the wrongful death claim vary depending upon the specifics of each case. In New Mexico, compensatory damages, on the other hand, provide proper monetary compensation for your suffered losses by the family members of the estate. The damages might include:
- Medical Expenses: Compensation for any medical expenses leading to death.
- Funeral and Burial Expenses: Coverage for the costs associated with the funeral of the deceased.
- Income Loss: Financial support must be provided to the companions of the deceased no matter what.
- Suffering and Pain: Monetary recompense for the physical and emotional pain and suffering endured by the deceased before their death.
- Loss of Consortium: Compensation for losing companions, guidance, and support that the deceased would have provided to their family members.
Proving Wrongful Death
There are several elements established when you prove a wrongful death. They are:
- Duty of Care: Demonstrating that the defendant owed a duty of care to the deceased.
- Breach of Duty: Proving that the defendant breached that duty of care through negligence.
- Causation: Establishing that the defendant’s actions were the direct cause of the deceased’s death.
- Damages: Showing that the death of the deceased resulted in quantifiable damages for the surviving family members.
The Importance of Legal Representation
While you’re navigating through the complex murky waters of wrongful death claims, the journey might start becoming a tad bit daunting. Especially, it becomes extremely difficult for people who are undergoing this particular path of sorrow.
We would suggest that you seek logical guidance from a wrongful death attorney in New Mexico. Your attorney would help you out with pursuing the compensation you deserve. Additionally, they would be in charge of all the legal intricacies that come your way. They would negotiate with the insurance companies and go through the trial for you. This would give you a perfect scope for grieving and healing.
Closing Thoughts…
Losing your loved ones can be an extremely traumatic experience. However, even though it’s tough during these times, it’s crucial to understand all the intricacies of the legal framework and eligibility criteria.
Even though no amount of compensation, can fully take away your pain, but pursuing justice through this can help you to make sense of everything. You might also get an experience of closure and accountability that would be a great way to start your healing journey.
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