Questions About A Wrongful Death Case? We Can Help!
Albuquerque Wrongful Death Lawyer
What Constitutes a Wrongful Death?
Wrongful death occurs when a person loses his or her life due to the negligence or misconduct of another party.
Too often, our firm handles cases where an individual needlessly lost their life after someone else violated basic safety rules. When individuals or groups violate our community rules for safety, the consequences can be catastrophic, which is why we all depend on and live by these rules to keep us safe from harm.
When someone else’s wrongful conduct causes the death of a loved one, it is especially devastating. In these tragic situations, there is no amount of money that could ever replace or bring back your loved one. However, holding the wrongdoer financially responsible is the only just alternative our society can offer, and in doing this, our community becomes safer through example and by deterring others from engaging in the same wrongful conduct.
Wrongful Death Lawsuits
The laws involved in wrongful death lawsuits are complicated and vary in each state. During your grieving period, consideration of a wrongful death lawsuit may not seem urgent. In New Mexico, all wrongful death cases have a statute of limitations, which means a lawsuit must be filed within 3 years or you risk losing your right to financial compensation. If the wrongful death occurred in a medical setting, you must give written notice to the party at fault within a specified time or you may forfeit your right to later bring a lawsuit. Not every wrongful death case is the same because the circumstances vary in each case.
We know that no amount of money will ever replace your loved one. We will do everything possible to make sure you receive the most just and fair outcome possible. If applicable, we will also help you pursue punitive damages to punish the wrongdoer.
When another individual or business fails to follow basic community safety rules and causes injury or harm to another as a result, then they are responsible for the harm they caused.
Our jury system allows for the recovery of damages to repair the harm when it can be repaired, to help with the harms and losses that can be helped, and make up for the harms and losses that can be neither fixed nor helped.
The following are examples of the types of legal damages we seek to recover from the responsible party:
- Property Damage and Out of Pocket Expenses
- Past and Future Medical Expenses
- Past and Future Wage Loss
- Past and Future Pain & Suffering
- Past and Future Mental Anguish
- Past and Future Physical Impairment
- Loss of Consortium and Support of a Loved One
What Is A Survival Claim?
In a survival action, the decedent’s estate can take over the legal claims of the deceased individual and recover compensation on behalf of the deceased for damages the individual suffered prior to passing away.
For example, in addition to recovering compensation for medical bills, out-of-pocket costs, and funeral expenses, the estate may also recover compensation for the physical pain, suffering, mental anguish, and impairment that the decedent suffered before they passed away.
If the estate is successful in its survival claim, then the proceeds of the recovery shall be distributed to the heirs of the estate according to the will if there is a will, or according to the laws of New Mexico if there was no will.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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