Can I File a Wrongful Death Claim for Negligent Security in New Mexico?

by | Oct 17, 2023 | Injuries | 0 comments

Losing a loved one is never easy, and when that loss occurs due to someone else’s negligence, the pain can be especially difficult to bear. In New Mexico, as in other states, you have the right to seek justice and compensation if your loved one’s death was a result of negligent security.

If you have lost a loved one due to negligent security in New Mexico and believe you have a wrongful death claim, you need a tough litigating team in your corner. At Dominguez Law, we assist families in seeking the justice and maximum compensation they deserve after losing someone they love due to negligent security.

What To Know About Filing a Wrongful Death Claim Due to Negligent Security

Negligent security refers to a situation where a property owner or manager fails to take reasonable measures to ensure the safety of visitors or tenants on their premises. This negligence can lead to incidents like assaults, robberies, or other criminal activities that result in harm or even death. When this happens, the responsible parties can be held accountable via a wrongful death claim.

Elements of a Wrongful Death Claim

To recover monetary compensation for a wrongful death claim due to negligent security, some key elements must be proven. They include:

  • Duty of Care: The property owner or manager had a legal duty to provide adequate security to protect visitors or tenants from foreseeable harm.
  • Breach of Duty: The property owner or manager failed to uphold this duty by not implementing reasonable security measures, such as proper lighting, security personnel, surveillance cameras, or access control systems.
  • Causation: The breach of duty directly caused or contributed to the harm or death of your loved one.
  • Damages: You suffered losses as a result of your loved one’s death, such as medical expenses, funeral costs, lost financial support, and emotional distress.

In New Mexico, as in many other states, there is a statute of limitations that sets a time limit for filing a wrongful death claim. Most often, you have three years from the date of your loved one’s death to initiate legal action.

Compensation Available in Wrongful Death Claims

When filing a wrongful death claim for negligent security, you may be eligible to receive monetary compensation for various damages, including:

  • Medical expenses related to your loved one’s injuries before their death
  • Funeral and burial expenses
  • Loss of financial support, including future earnings and benefits your loved one would have provided
  • Loss of companionship, guidance, and emotional support

In some cases, an award for punitive damages may also be available. These awards are intended to punish the negligent party for their egregious behavior and deter others from acting similarly.

How a Lawyer Can Help

Navigating a wrongful death claim for negligent security can be difficult, especially when dealing with the emotional distress of losing a loved one. An experienced personal injury attorney can provide invaluable assistance by:

  • Investigating the incident to establish liability
  • Collecting evidence, including security footage, witness statements, and police reports
  • Calculating the full extent of your damages
  • Negotiating with insurance companies and the responsible parties
  • Filing a lawsuit and representing you in court if necessary

If you believe your loved one’s death resulted from negligent security in New Mexico, it is crucial to consult with a knowledgeable personal injury attorney who can guide you through the legal process.

Seek Legal Counsel After Losing a Loved One To Negligent Security in New Mexico

While no amount of compensation can bring your loved one back, it can provide financial stability during a difficult time by holding the responsible parties accountable for their actions. If you believe you have a wrongful death claim due to negligent security in New Mexico, allow us to help you seek justice. Contact the tough litigation team at Dominguez Law today for a free consultation.

Call (505) 850-5854 or fill out our contact form for more information about how to get started. Se habla Español.