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Wrongful death is a legal claim brought when someone dies due to another party’s negligence or intentional actions, allowing surviving family members to seek financial compensation for their loss. After the death of a family member, the subsequent legal matters are likely the last topic you want to discuss. Instead, this time should be spent with family and friends grieving the loss and celebrating their life. Yet, with medical bills adding up, funeral expenses to cover, and perhaps a significant income source lost, and wrongdoing or negligence to confront, it is in your best interest to contact a wrongful death attorney to protect your family’s rights and to seek financial compensation from the at-fault party as soon as possible. Understanding your rights after a personal injury case that results in death is critical for your family’s financial future.
With an experienced and compassionate wrongful death lawyer from Dominguez Law by your side, we can handle legal matters so you can focus on what is important. The accomplished Albuquerque wrongful death lawyers at Dominguez Law have represented countless families throughout the Albuquerque and New Mexico area who have lost family members because of someone else’s negligence. These cases often provide the only form of justice a family can obtain for their loss. Our legal team understands the consideration and delicacy required for a case of this nature and we will work to channel all of our energy into protecting your rights. With years of courtroom experience coupled with our use of innovative technology, we strive to provide the high level of attention that a wrongful death case requires.
Wrongful death claims are brought against defendants who cause someone’s death, either through negligence or as a result of an intentional action. In Albuquerque and throughout New Mexico, wrongful death cases arise from various circumstances including uninsured accidents, medical errors, and workplace incidents. Although there may be a criminal prosecution against the at-fault party, wrongful death lawsuits are civil actions that are separate and distinct from any criminal charges. Wrongful death claims can involve any type of fatal accident, from simple car accidents to complicated medical malpractice or product liability cases.
A wrongful death claim is typically filed by a representative on behalf of the survivors who suffer damage from the decedent’s death. This is often the executor of the decedent’s estate. However, in New Mexico, there are other options for the designation of the representative of your deceased family member’s estate for the purpose of wrongful death litigation. The wrongful death attorney you choose can significantly impact your ability to recover maximum compensation for medical expenses, lost wages, and pain and suffering. This is why it is important to contact the experienced wrongful death lawyers at Dominguez Law to assist with the designation and appointment of a representative of the deceased’s estate. Wrongful death lawsuits can be brought against a wide variety of people, companies, government agencies, and employees. The knowledgeable wrongful death lawyers at Dominguez Law may be able to help you identify the at-fault party and execute a solid strategy to retain the necessary compensation.
When determining who can file a wrongful death lawsuit, New Mexico follows a priority system to ensure that certain individuals have the opportunity to seek justice for the loss of their family member. Under New Mexico’s Wrongful Death Act, the state provides clear guidelines about who has standing to pursue a wrongful death claim and recover damages. The following individuals have the right to open a wrongful death claim in New Mexico, in order of priority:
It is important to note that in New Mexico, wrongful death claims must be filed within three years from the date of the person’s death. This statute of limitations makes it crucial to consult with an Albuquerque wrongful death attorney promptly to preserve your legal rights and gather critical evidence. Consulting with an attorney who focuses on wrongful death cases is advisable to understand the specific requirements and legal procedures involved in filing a lawsuit in such cases.
If you are considering pursuing a New Mexico wrongful death lawsuit, it is crucial to note how the law applies in the state. New Mexico law sets out specific provisions that determine who may bring a lawsuit, when it must be brought, and who is entitled to damages. Our Albuquerque wrongful death attorneys have extensive experience navigating these complex state laws and securing favorable settlements for families throughout Bernalillo County.
The New Mexico Wrongful Death Act allows residents to pursue a lawsuit whenever someone else’s wrongdoing or negligence causes a person’s death. Typically, a wrongful death action in New Mexico is brought by the personal representative of the decedent’s estate. This is commonly a surviving spouse, sibling, or another family member. Cases involving train and railroad accidents or medical misdiagnosis often result in substantial wrongful death settlements due to the clear liability involved.
State law provides the specific manner in which proceeds will be distributed in a wrongful death case. Any damages would first be given to a surviving spouse or divided between a surviving spouse and children. If there isn’t a surviving spouse or child, compensation from a wrongful death suit would be distributed among other family members such as grandchildren, parents, or siblings, depending on your family’s circumstances. Damages that may be available in a wrongful death action include:
There may also be circumstances in which survivors can seek punitive damages, which punish the at-fault party based on their intentional, reckless or negligent actions, and to also send a message to deter any future intentional, reckless or negligent actions from happening in our community. In Albuquerque wrongful death cases, the amount of compensation depends on factors including the deceased’s earning capacity, age, health, and the degree of negligence involved.
If you have any additional questions about pursuing a wrongful death claim in New Mexico or if you’d like to discuss your situation with a skilled wrongful death lawyer, don’t hesitate to contact us at Dominguez Law today. Our wrongful death attorneys have recovered millions in compensation for families in Albuquerque, including a $2.5 million medical malpractice settlement and a $1.5 million personal injury verdict. Our team of compassionate and aggressive wrongful death lawyers is dedicated to protecting your rights by examining your case in detail and constructing a concrete case against the responsible party. While you focus on spending time with your family, you can also have peace of mind that our lawyers will be doing everything possible to secure the compensation you need from the at-fault party.
No matter the circumstance, enduring the death of a family member is a devastating occurrence. The wrongful death attorneys at Dominguez Law understand the long-lasting effects that losing a relative can have on families and are standing by to assist in any way we can. We’re committed to remaining by your side throughout the legal process and helping you consider your options. Learn more about our approach by visiting our about page to see how we’ve served the Albuquerque community for years. To speak with an Albuquerque personal injury attorney during a free consultation, call us or contact us online today.
At Dominguez Law, we believe in holding parties who act recklessly accountable for their actions and are dedicated to making their insurance companies pay top dollar for your claim. If you believe the at-fault party acted negligently or recklessly, contact us as soon as possible.
To schedule a free consultation with one of our compassionate and aggressive Albuquerque car accident attorneys, call Dominguez Law today at 505-850-5854 or contact us online. Se Habla Español.