If you’ve lost a loved one because of someone else’s negligence and you are entitled to justice above and beyond what criminal courts can give. In the context of New Mexico civil law, you are entitled to compensation from the person or company accountable for your loved one’s accidental death.
Our caring Albuquerque lawyers for wrongful deaths have a long experience in aiding New Mexico families who have suffered devastating losses due to negligent businesses, individuals as well as medical negligence. The professional attorneys of Parnall Law will fight hard to secure the highest amount of payout your family deserves to be able to move forward and get the justice that your loved one deserves.
Let us look over the details of your case now in our no-cost and no-obligation consultation. We’ll give your family members the compassion, empathy, and respect you deserve during this challenging period.
What Is a ‘Wrongful Death’ Under New Mexico Law?
New Mexico law defines a “wrongful death” as one “caused by the wrongful act, neglect or default of another” or through an act that is deemed as a crime. For instance, wrongful death caused by an accident in a vehicle while impaired by alcohol is a crime in New Mexico. However, any fatal car crash resulting from a driver’s carelessness (carelessness or recklessness) or a traffic law violation could be the subject of a wrongful death lawsuit.
In the same way as personal injury claims arising from collisions with cars, truck wrecks, slip-and-fall accidents, premises liability, negligent security, and more. A claim for wrongful death seeks to recover the losses resulting from the accident. Since the person who died is unable to speak for him or herself, only the family members who survived are entitled to file a claim on behalf of the loved ones’ estate.
Who Can File a Wrongful Death Lawsuit in Albuquerque, New Mexico?
It is necessary to be the person named as the personal representative in the deceased’s estate to file a wrongful demise claim within New Mexico. It is usually the executor named in the will. If there isn’t a will or will, the court will nominate another immediate family member, for example, a sibling or spouse.
The estate of the deceased’s deceased seeks the compensation of the deceased in a New Mexico wrongful death claim and the proceeds are divided among the survivors of the deceased:
- Spouse and receives all the compensation provided there isn’t any child
- Child(ren) and grandchild(ren), who get or split half of the compensation if there’s an unmarried spouse, or split the entire amount if there isn’t one.
- Parents who receive and equally share the payout when the deceased was a child (younger than) or childless and unmarried.
- Brother(s) as well as sister(s), who get the proceeds from the claim if there’s no surviving spouse or child, grandchild, and/or parent or relative of deceased
It is clear how quickly this could become complicated due to the fact that families’ composition may change and be a challenge to conventional definitions. A claim for wrongful deaths could also be complicated due to the wording of wills and other documents for estate planning or their absence. Of course, the parties who are responsible for the death as well as their insurance company will contest the validity of any claim that they are able to make, from their legal obligation to your legal status as a survivor.
Talking to a knowledgeable Albuquerque attorney for wrongful death through Parnall Law Firm, LLC You can find out more about what your legal rights are, and know the legal procedures. Our team will help establish your legal status as a survivor, as well as a possible beneficiary of the estate of the deceased as well as establish responsibility (legal accountability) for the death, and pursue compensation for the estate and its beneficiaries have a right to.
How Long Do You Have to File a Wrongful Death Claim in Albuquerque?
It is crucial to note the fact that New Mexico has established a three-year statute of limitation on claims for wrongful deaths, which is calculated based on the day of the deceased’s death. Making a sound claim for wrongful death can be a difficult and lengthy process if it is litigated in the majority of cases, and/or when there are multiple parties responsible and/or if there are multiple liable parties, as could happen.
Parnall Law will complete everything necessary to assist you in pursuing the full and fair amount of compensation following the death of a loved one. We’ll help you as much as we can in this difficult time.
What are the benefits of An Albuquerque Wrongful Death Lawsuit?
While nobody should attempt to gain profit from an unfair death We believe that nobody should be financially hurt because of the death of loved ones through the negligence of someone else. We acknowledge that nothing can completely make things right However, getting the verdict that a death that was not wrongful occurred is at the very least, a definitive declaration made by someone’s capacity to speak was unjustly removed from their voice.
An effective wrongful-death lawsuit provides your family and you with:
- Recognize that the death shouldn’t have occurred.
- Compensation to safeguard you from financial damage caused by the costs and losses that result from the death of a loved one
- Compensation for the pain, sorrow, and inexplicably painful loss you’ve been unfairly put through
If wrongful death claims are successful, they also are able to compensate survivors for:
- All medical costs related to the incident
- Funeral and burial costs
- Damage to property, for instance, the result of a car accident
- An inheritance or income loss (anticipated earnings)
- Anxiety and mental anxiety (emotional suffering and pain)
- The loss of companionship or consortium
A jury that hears a wrongful death case in accordance with New Mexico law may award any amount of damages (compensation) “as they deem fair and just,” including an “exemplary” payment for any unacceptable or shocking behavior on the part of the defendant(s).
In the majority of cases, our experienced Albuquerque attorneys for wrongful death can negotiate a suitable settlement with the insurance provider. We will present any settlement proposal to you for your approval, it is entirely your decision.
If we’re unable to convince insurers to take the right action Our team is always ready to take on court cases to protect our client’s right to justice and compensation.