Albuquerque Wrongful Death Attorney

Wrongful Death Accidents In Albuquerque

Nothing can replace the tragic loss of a loved one. The sad reality is the accidents are often unexpected and can leave your family having to take care of your loved one’s affairs and plan services while trying to grieve. The agony felt from such an unsudden tragedy hurts even worse when the death was caused by another’s negligence or reckless behavior. Whether it be from a car accident or premises liability, you and your family have a right to hold the at-fault party accountable. If your loved one passed away due to another’s carelessness, you may be able to seek damages for the harm your family has suffered from the help of our Albuquerque wrongful death lawyer. If you’re unsure about whether a claim for wrongful death is feasible, speak with Garcia Legal today for a free consultation.

What Is Wrongful Death?

When someone’s life ends due to another party’s negligence, the victim’s family can file a wrongful death lawsuit against the responsible party. Holding the responsible party accountable in a court of law can provide justice and closure for the victim’s family. In order to obtain compensation, the victim’s family must prove that their loved one’s death was the direct result of another party’s negligence and that the responsible party failed their duty to act in a certain manner. Had this not happened, death could have been avoided. When this circumstance is at play, you likely have grounds to file a wrongful death lawsuit. Your first step should be to speak with an Albuquerque wrongful death attorney and begin preparing for the legal process.

Common Causes of Wrongful Death In Albuquerque

Wrongful death can happen for a variety of negligence-related reasons. Any time someone else negligently, recklessly, or intentionally causes or contributes to the death of another person, surviving family members may have the right to file a wrongful death lawsuit in the state of New Mexico. Although there are many situations that can result in wrongful death, there are a few common accidents that are tied to these types of cases.

• • Car accident deaths
  • Pedestrian accidents
  • Bicycle accidents
  • Drunk driving accidents
  • Crime-related deaths (shootings, stabbings, etc.)
  • Police deadly use of force
  • Medical malpractice patient deaths
  • Fatal workplace accidents
  • And more

What Compensation Is Available When Filing A Wrongful Death Claim?

Following an untimely death, the survivors are left without their deceased loved one’s income, companionship, guidance, and services provided. All of these are possible damages that can be addressed by a claim filed by your Albuquerque wrongful death lawyer. Damages are generally divided into three categories:

Economic Damages

These would include any financial assets compromised or lost due to the wrongful death. Economic damages may include lost future income, lost benefits and pensions, a compromised inheritance, the value of services or goods provided by the deceased, final medical expenses, and funeral costs.

Non-Economic Damages

The greatest losses from a wrongful death aren’t financial. Non-economic damages describe the intangible, non-financial assets lost because of the death. These may include the loss of companionship, love, guidance, training, and the loss of a relationship for the surviving spouse or partner. These are the most valuable and we at Garcia Legal will make sure those who took this from you pay the maximum penalty for doing so.

Punitive Damages

In rare cases, a jury may award punitive damages in a wrongful death claim. As the name suggests, punitive damages intend to further punish the party responsible for wrongful death if their behavior was grossly negligent or intentional. 

Determining the right amount of compensation to pursue in a wrongful death claim is difficult, and may require the testimony of industry experts to determine the value of the damages. If you’re filing a wrongful death claim, your Albuquerque wrongful death attorney will know how to achieve the maximum amount of compensation for you and your family.

What Is The Statute Of Limitations For A Wrongful Death Lawsuit?

Like other injury cases in New Mexico and other states, wrongful death cases are subject to filing time limits. These time limits are called statutes of limitations and are associated with the New Mexico Statutes Sec. 41-2-2. The law requires that the personal representative of a deceased’s estate file a wrongful death claim within three years of the victim’s date of death. There are also circumstances where the time frame to take action may even be shorter, like where the at-fault party is a governmental entity. Failing to file your lawsuit within the three-year window will lead to the dismissal of the case. If you’re concerned about the time frame to file a claim, speak with your New Mexico wrongful death lawyer right away. In some instances, there are valid claims for an extension on this time frame, but those depend on the very specific facts of each potential case.

Contact An Albuquerque Wrongful Death Lawyer Today

Wrongful death cases are never easy and can be some of the most time-consuming and stressful battles you’ll ever have to go through. However, it’s crucial to retain the services of a reliable and dedicated legal team that can provide an aggressive pursuit of your rights and will fight for maximum compensation for you and your family. Call us now at (505) 297-1222 for a free consultation and more information.