What Causes Wrongful Death?
Have you lost a family member because of another person's negligence, recklessness, or intentional wrongdoing? If you've lost someone this way, or if this happens to someone in your family in the future, immediately consult an Albuquerque wrongful death attorney.
Traffic accidents and construction site accidents often cause wrongful deaths in New Mexico. Another leading cause of wrongful death in this state is medical malpractice.
If a death is caused by someone else's recklessness, negligence, or intentional act, the decedent's loved ones may recover compensation with a wrongful death claim and the assistance of an Albuquerque wrongful death lawyer.
Who's At Risk?
Almost anyone could be a wrongful death victim. Something as simple as going out to dinner, for instance, could involve you in a fatal traffic collision, a tragic slip-and-fall accident on a damp floor, or even a deadly food poisoning incident.
Children are more at risk. A child could roam into an unlocked swimming pool area or try to pet the wrong rottweiler or pit bull. Wrongful deaths happen far too often in workplace and traffic accidents and whenever someone's carelessness or negligence causes someone else's death.
What Constitutes Wrongful Death in New Mexico?
In New Mexico, a wrongful death is a death caused by someone else's "wrongful act, neglect, or default." You may think of a wrongful death lawsuit in New Mexico as a personal injury lawsuit that the decedent can no longer pursue, so another party must bring the claim and seek damages.
In a criminal homicide prosecution, to obtain a conviction, the state must prove beyond a reasonable doubt that a defendant is guilty. In a civil wrongful death case, the plaintiff must prove only that it's more likely than not that the defendant is at fault for the decedent's death.
A wrongful death case is initiated by filing a civil lawsuit that seeks monetary damages. In some cases, the same death may trigger both a criminal homicide charge and a wrongful death lawsuit.
Who May Bring A Wrongful Death Claim in New Mexico?
Many states allow a decedent's surviving family members to bring a wrongful death lawsuit. However, in New Mexico, a wrongful death lawsuit may be filed only by the personal representative (or executor) of the decedent's estate.
The estate's personal representative is usually named in the decedent's will or estate plan. Most people designate their spouse or an adult child as their estate's representative.
If that individual cannot or will not act as the estate's representative, or if there is no will or estate plan, the court will designate someone, usually another family member, to act as the estate's representative.
What is New Mexico's Deadline for Wrongful Death Claims?
Every state restricts the amount of time parties have to bring wrongful death lawsuits. In New Mexico, an estate's personal representative must initiate a wrongful death lawsuit within three years of the decedent's death. Exceptions to this deadline are rare.
The sooner you put an attorney on the case, the more likely your wrongful death lawsuit will prevail. Your attorney should question the witnesses before their memories fade and examine the evidence before it can be altered or lost.
If you miss the three-year deadline, you probably will not qualify to file a wrongful death lawsuit. An Albuquerque wrongful death attorney can determine whether your case qualifies as an exception to the three-year statute of limitations.
Who May Recover Compensation From a Wrongful Death Lawsuit?
While only the personal representative of a decedent's estate may initiate a wrongful death lawsuit, any compensation awarded if the lawsuit prevails is distributed in this way:
- If the decedent was married without children, all compensation goes to the surviving spouse.
- If a spouse and children are survivors, half of the compensation goes to the surviving spouse, and the children divide the other half equally.
- If there are children but no surviving spouse, the children divide the compensation equally.
- If a decedent has no surviving children, spouse, or parents, the decedent's siblings divide the compensation equally.
When Do Wrongful Death Cases Go to Trial?
Your Albuquerque wrongful death lawyer will review the details of your family member's wrongful death, determine who should be held liable, and negotiate privately for a fair and just out-of-court settlement. That's how wrongful death cases are usually settled in New Mexico.
But if liability for the wrongful death is contested, or if no reasonable settlement offer is made, your wrongful death attorney will take the case to trial, explain to the jurors how your loved one died, and ask the jurors to find in your favor and award the compensation your family needs.
What Else Should Wrongful Death Survivors Know?
No sum of money can alleviate the grief of losing a beloved family member in a preventable accident. Nevertheless, a wrongful death attorney can fight for the resources that will help your family move positively and constructively into the future.
At Gauthier & Maier Law Firm, we represent the survivors of wrongful death on a contingent fee basis. Your first legal consultation is free, and we collect our fees only if we recover your compensation. If we fail to recover compensation, you pay no lawyer's fee to Gauthier & Maier.
We Will Fight for Your Family's Rights
After the wrongful death of someone you love, it may be difficult to think about legal matters. Your family members need time to grieve. Nevertheless, speaking as quickly as possible with a New Mexico wrongful death attorney at Gauthier & Maier Law Firm is imperative.
We can determine if you are eligible to file a wrongful death lawsuit and if you have enough evidence for your claim to prevail. If you do, a wrongful death attorney at Gauthier & Maier will help your family recover every dollar of compensation you're entitled to under New Mexico law.
Attorneys Shane Maier and Chance Gauthier are former insurance company attorneys who bring their experience and insights to every client and case. After a wrongful death, promptly call 505-226-0009 to schedule a consultation with the team at Gauthier & Maier Law Firm.