If you have lost a loved one due to the negligence or wrongdoing of another party, the dedicated legal team at Roadrunner Law Firm in Albuquerque is here to help. Our experienced wrongful death attorneys understand the emotional and financial toll that these tragedies can take on a family, and we are dedicated to fighting fiercely for the maximum compensation you need to move forward. We also believe that your loved one deserves justice, and we will work tirelessly to seek the accountability that is deserved.
During this difficult time, you can count on our team to show your family compassion, sensitivity, and respect. We understand that pursuing a wrongful death claim can be complex and overwhelming, and we are here to provide the support and guidance you need. If you would like to learn more about your legal options, we invite you to contact us for a free, no-obligation legal consultation. Let us help you and your family get the justice and closure you deserve.
What Is a ‘Wrongful Death’ Under New Mexico Law?
A wrongful death under New Mexico law occurs when someone dies due to the negligent, reckless, or intentional actions of another party. This can include a variety of accidents or incidents, such as car crashes, truck wrecks, slip-and-fall accidents, premises liability, negligent security, and more. In these cases, the surviving family members of the deceased person may be entitled to seek compensation for their losses through a wrongful death claim.
Unlike a personal injury claim, in which the victim speaks for themselves, a wrongful death claim is brought on behalf of the deceased person’s estate by specific surviving family members. These individuals are empowered to seek compensation on behalf of their loved one’s estate and may be entitled to recover damages for things like medical expenses, funeral and burial costs, lost income, pain and suffering, and more. An experienced wrongful death lawyer in Albuquerque can help you understand your legal rights and options and seek the maximum compensation available for your loss.
Who Can File a Wrongful Death Lawsuit in Albuquerque, New Mexico?
In Albuquerque, New Mexico, the personal representative of the deceased person’s estate is typically the one who brings a wrongful death claim. This individual is responsible for seeking compensation on behalf of the deceased and their surviving family members. The proceeds of the claim are then distributed to the victim’s surviving spouse, children or grandchildren, parents, or siblings, depending on the circumstances of the case.
Determining who is eligible to receive compensation in a wrongful death claim can be complex, as it depends on the specific relationships and circumstances of the deceased and their surviving family members. For example, if the deceased person had a spouse and children, the spouse may be entitled to receive all of the compensation if there are no children, or the spouse and children may be entitled to split the compensation if there is no surviving spouse. Similarly, if the deceased person was a minor at the time of their death, their parents may be entitled to receive the proceeds of the claim.
In addition to these factors, a wrongful death claim may be complicated by the presence of a will or other estate planning documents, or the lack thereof. It is also common for the at-fault party and their insurance company to dispute aspects of the claim, including their legal responsibility and the legal standing of the surviving family members. An experienced wrongful death lawyer in Albuquerque can help you navigate these complex issues and seek the maximum compensation available.
Do You Need a Wrongful Death Lawyer?
If you have lost a loved one due to the negligence or wrongdoing of another party, it is important to consider hiring a wrongful death lawyer in Albuquerque to help you navigate the legal process and seek compensation for your loss. A wrongful death lawyer can take the burden of proving your claim off your shoulders, allowing you to focus on spending time with your family and moving forward. With an experienced lawyer handling the legalities of your case, you can continue going to work and caring for your loved ones without the added stress of navigating the legal system on your own.
New Mexico Statute of Limitations for Wrongful Death Claims
The statute of limitations for wrongful death claims in New Mexico is a legal time limit that determines how long an individual has to file a lawsuit seeking compensation for the loss of a loved one. Under New Mexico law, the statute of limitations for wrongful death claims is three years from the date of the death in question. If a wrongful death lawsuit is not filed within this three-year window, it is likely that a judge will dismiss the case.
There are certain circumstances that may “toll” or delay the start of the statute of limitations. This means that the time limit may be paused or extended under certain circumstances. For example, if the person who died was a minor at the time of their death, the statute of limitations may be tolled until the child turns 18 years old. Similarly, if the person who died was mentally incapacitated at the time of their death, the statute of limitations may be tolled until their capacity is restored.
It is important to be aware of the statute of limitations for wrongful death claims in New Mexico, as missing the deadline can significantly impact your ability to seek compensation for your loss. If you have lost a loved one due to the negligence or wrongdoing of another party, it is crucial to speak with a wrongful death lawyer as soon as possible to discuss your legal options and ensure that your rights are protected.
What Kind of Damages Are Available in a Wrongful Death Claim?
The damages available in a wrongful death claim may include:
- Funeral and burial costs: You may be able to seek compensation to cover the costs of your loved one’s funeral and burial expenses. These costs can be significant and can put a financial strain on a grieving family.
- Medical expenses: If your loved one received medical treatment before their death, you may be able to seek compensation to cover these costs. This can include the cost of hospital stays, surgeries, and other medical procedures.
- Lost income: If your loved one was a breadwinner, you may be able to seek compensation for the income they would have earned in the future. This can be a critical source of support for surviving family members, especially if the deceased person was the primary source of income for the household.
- Non-economic damages: These damages may include things like pain and suffering, loss of companionship, and emotional distress. These damages can be difficult to quantify, but they can be a significant part of a wrongful death claim.
- Punitive damages: In some cases, the court may award punitive damages as a way to punish the at-fault party for their actions. These damages are intended to deter others from engaging in similar conduct and are typically only available in cases where the at-fault party’s behavior was particularly egregious.
Who gets the Money in a Wrongful Death Lawsuit in New Mexico?
The money from a wrongful death lawsuit is typically distributed to the deceased person’s surviving family members, according to the laws of the state of New Mexico. This may include the spouse, children, and/or parents of the deceased person. The personal representative of the estate is responsible for distributing the funds in accordance with the law.
If you have lost a loved one due to the negligence or wrongdoing of another party, don’t hesitate to contact Roadrunner Law Firm, a wrongful death attorney in Albuquerque. We are here to help
We Will Give You the Attention You Rightfully Deserve
In over 20 years of caring for clients with wrongful death cases here in New Mexico, we have successfully fought for victims and their families. We prioritize the caring representation and support of every client every step of the way, something many billboard firms cannot do.
If your loved one was wrongfully killed, we believe that your family deserves a wrongful death lawyer who not only knows the laws of the state but the court systems and the attorneys they may encounter along the way.
Our decades of experience means we will give you the right advice about the compensation to which you are entitled.
Wrongful death claims can be complex. You need a seasoned New Mexico wrongful death attorney to represent you as you pick up the pieces of your life and the lives of those around you. We understand New Mexico’s Wrongful Death Act and what it means for you and we will work hard to ensure you get the compensation and care to move forward.
Reach Out to Us
If you believe you have a case of wrongful death on your hands, please call Roadrunner Law at 505-444-4321 to book a FREE consultation.
Need a Spanish speaking lawyer? No problem, we have Spanish speaking staff to help your voice be heard.