WRONGFUL DEATH ATTORNEY ALBUQUERQUE, NEW MEXICO
Losing a loved one is undoubtedly one of the most painful experiences anyone can go through and one of the most tragic events that a person will ever have to cope with. An accident can tear families apart with no notice, leaving loved ones understandably hurting, scared, and confused.
Certainly, no amount of money can make up for the death of a loved one. However, the law does allow for monetary awards to recognize the value of the life that is lost and to penalize the responsible party. When a family member has passed on due to the negligence or intentional wrongful act of another, the suffering survivors may have legal claims under New Mexico wrongful death law.
The Albuquerque wrongful death attorney at Baskerville Law LLC is here to guide you through the complex process of filing a wrongful death claim. We’re here to seek justice for you and work to recover fair compensation for the untimely loss that you and your loved ones are suffering.
WHAT IS WRONGFUL DEATH ACCORDING TO NEW MEXICO LAW?
In New Mexico, wrongful death is defined as a death “caused by the wrongful act, neglect, or default of another”
When one party causes the injury of an individual, the injured person can typically recover financial compensation for their damages by filing a personal injury claim. When the victim dies from the incident and their injuries, the scenario becomes a bit more complicated.
Because those who have passed on cannot bring forth their own claim, survivors of the deceased victim may file what is called a wrongful death claim. The claim is filed against the individuals or entities that may be liable for the death.
WHY MIGHT YOU FILE A WRONGFUL DEATH CLAIM IN NEW MEXICO?
The following types of negligence or intentional wrongful acts may give rise to wrongful death claims in New Mexico.
-Motor vehicle accidents resulting in death, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents involving a motor vehicle
- Pedestrian accidents involving a motor vehicle
-Unsafe roadways resulting in death
-Defective products resulting in death
At Baskerville Law LLC, our Albuquerque car accident lawyer represents clients for wrongful death cases occurring from motor vehicle accidents.
WHO IS ABLE TO FILE A WRONGFUL DEATH CLAIM IN NEW MEXICO?
Though the hurt and negative impact of losing a loved one can stretch across numerous family members and friends, not all loved ones are able to file a wrongful death claim. The law is very specific about which surviving family members have this ability, and the law varies by state.
In New Mexico, the personal representative of the deceased victim’s estate has the ability to file a wrongful death claim. Typically, this personal representative is the individual named in the deceased victim’s estate plan. Commonly, this is the surviving spouse. In cases where the named personal representative is unable to or declines to serve in this capacity, the court will appoint one. This is also true if the deceased victim does not have an estate plan.
To work through the complexities of who can file a claim and when, give our Albuquerque wrongful death attorney a call at (505) 247-2774 for a free, no obligation consultation.
WHO RECEIVES ANY FINANCIAL AWARD IN AN ALBUQUERQUE WRONGFUL DEATH CASE?
Since the personal representative must be the one to file a wrongful death claim, you may be wondering if any awards go to this person as well. This could be the case, though not always.
Depending on the structure of the surviving family, damages may be awarded to the following surviving family members:
Again, the law is complex regarding who receives the damages and under which circumstances. To understand the specifics of your particular situation, It is best to consult with an Albuquerque personal injury lawyer who is experienced in representing clients in wrongful death cases.
FINANCIAL RECOVERY IN NEW MEXICO WRONGFUL DEATH CLAIMS
When a loved one is taken from us, surviving dependents are often not just affected emotionally, but also financially. By filing a wrongful death claim, you may be able to recover financial compensation for the following:
- Loss of financial support to the household
- Loss of inheritance
- Loss of companionship
- mental anguish of the surviving family members caused by the death of a spouse, child, or parent
- Pain and suffering endured by the victim prior to death
- Medical expenses prior to death
- Funeral and burial expenses
- Punitive damages (in some cases)
TIME LIMITS FOR FILING A NEW MEXICO WRONGFUL DEATH CLAIM
After the unexpected and tragic death of a loved one, it is natural and completely understandable to allow yourself time to grieve. You might feel that a lawsuit is the last thing you want to, and should have to, deal with. Unfortunately, there is a limited time in which you have the ability to file a wrongful death claim. Laws concerning wrongful death are found in state statutes, and so deadlines, qualifications, and allowable damages vary from state to state.
In New Mexico (New Mexico Statute, section 41-2-2) the time limit for filing a wrongful death claim is three years from the date of the deceased victim’s death.
While this may seem like a lot of time, wrongful death cases often require a great deal of investigation, which takes time. In order to best represent you as a client, it’s important that you give your selected attorney time to begin working on the case well before the deadline.
In some scenarios, important deadlines arrive within only 6 months of the death.
If a deadline is missed, you will lose the ability to file the claim altogether. It is recommended to consult with a personal injury attorney as soon as possible to make sure that no deadlines are missed and that all appropriate steps are taken.
HIRING A WRONGFUL DEATH ATTORNEY IN ALBUQUERQUE, NEW MEXICO
A wrongful death case involves significant resources and professional competence. A lawyer who takes on these cases should be able to cover all costs of prepping the case. The attorney should be paid only if amounts are recovered for the plaintiff (i.e., contingency). In addition, the lawyer should understand the details of his or her state’s wrongful death laws.
Rob Baskerville, owner attorney, is a trusted auto accident and wrongful death attorney in Albuquerque. At Baskerville Law LLC, we are honored to help the loved ones of an individual whose life has been cut short due to the negligence or intentionally wrongful conduct of another.
Our process starts with a completely free consultation. To discuss your wrongful death claim and determine what monetary damages you may be entitled to, contact us today. Take action today and call (505) 247-2774 or submit the contact form below.
WRONGFUL DEATH ATTORNEY ALBUQUERQUE: FAQ'S & RECOMMENDED READING
You may also want to check out our answers to these frequently asked questions:
- Should I hire an auto accident attorney?
- What is my car accident case worth?
- Can I settle with the insurance company on my own?
And, we recommend reading this post on insurance companies:
- How the insurance claim process became a profit-making process
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