Espanola, NM Wrongful Death Lawyer

Espanola, NM Wrongful Death Attorney

Losing a loved one is always heartbreaking, but when that loss is caused by the wrongful actions or negligence of another, the pain can be even more overwhelming. In these tragic circumstances, families not only grapple with grief but also face the daunting reality of seeking justice for their loss. This is where a compassionate and competent Espanola, NM, wrongful death lawyer from Egolf + Ferlic + Martinez + Harwood, LLC, can help.

The concept of wrongful death provides a legal avenue designed to hold those responsible accountable and to provide compensation to the survivors. Navigating a wrongful death claim, however, can be a complex and emotionally taxing process. It involves understanding intricate legal principles, gathering evidence, and fighting for the rights of the deceased and their loved ones during the legal battle.

At Egolf + Ferlic + Martinez + Harwood, LLC, we believe that those whose loved ones have been killed by another’s negligence deserve justice and compensation. Our compassionate lawyers understand that you’ve experienced a devastating loss, and we’re prepared to help you in every way possible.

Understanding the Fundamentals of a Wrongful Death Claim

Understanding the fundamentals of a wrongful death claim is crucial for anyone who finds themselves in the tragic position of losing a loved one due to someone else’s actions. Below is a list of key elements:

• Legal Grounds: A wrongful death claim can arise from a variety of situations, including negligence and failure to exercise reasonable care. Examples include car accidents and medical malpractice. Intentional acts that cause death, such as assault or homicide, create a situation where the defendant is liable regardless of intent or negligence.
• Eligible Parties: Only certain individuals can file a wrongful death claim. The qualifying individual is typically a personal representative of the deceased’s estate. They file on behalf of the surviving family members or a beneficiary of the deceased.
• The Burden of Proof: The plaintiff, or the party filing the claim, must prove several elements to succeed in a wrongful death claim. These elements include duty of care, breach of duty, causation, and resulting damages.
• Types of Damages: Damages in a wrongful death claim are meant to compensate the survivors for their loss and may include economic damages, non-economic damages, or punitive damages. Economic damages are the tangible losses related to the incident, such as funeral expenses, medical bills, lost wages and benefits, and loss of inheritance.

Non-economic damages include compensation for intangible losses such as pain and suffering, loss of companionship, and emotional distress. In cases of particularly malicious conduct, punitive damages may be awarded to punish the wrongdoer.

A wrongful death claim is a vital legal tool for families seeking justice and compensation after losing a loved one due to someone else’s wrongful actions.

How a Wrongful Death Lawyer Can Help

A wrongful death lawyer plays a critical role in helping families navigate the complex and emotionally charged process of pursuing a wrongful death claim. They have detailed knowledge of the laws and regulations surrounding wrongful death and can explain your rights, the specific elements needed to prove your case, and the potential outcomes. They can also provide strategic advice on an ideal course of action.

A lawyer can conduct a thorough investigation into the circumstances of your loved one’s death. This includes collecting and preserving critical evidence such as medical records, accident reports, and witness statements. They can work alongside medical experts, accident reconstruction specialists, and other professionals to build a strong case that clearly establishes liability.

A lawyer can help ensure all legal documents are correctly prepared and filed within the required time limits. Wrongful death lawyers are skilled negotiators who can deal with insurance companies that may attempt to minimize payouts.

A lawyer can also identify all potential sources of compensation, including economic and non-economic damages, to ensure that you receive the full amount you are entitled to recover. If a fair settlement cannot be reached, your attorney can represent you in court and present a compelling case before a judge or jury.

Ultimately, a wrongful death lawyer is an invaluable ally in pursuing justice for your loved one. At Egolf + Ferlic + Martinez + Harwood, LLC, our experienced wrongful death attorneys complete each step of the legal process with compassion and respect for our grieving clients.

FAQs

What Are the Damages for Wrongful Death Claims in New Mexico?

The damages for wrongful death claims in New Mexico can include several types of compensation aimed at covering both economic and non-economic losses that result from the death of a loved one. These damages are intended to compensate the deceased person’s estate and surviving family members. Recoverable damages can include medical expenses, funeral and burial expenses, lost wages and benefits, pain and suffering, and more.

Who Can Sue for Wrongful Death in New Mexico?

The personal representative of the deceased person’s estate is the party authorized to file a wrongful death claim. The personal representative is typically appointed by the court and is responsible for bringing the claim on behalf of the deceased’s estate and beneficiaries. They are usually named in the deceased person’s will or estate plan. If there is no will, the court will appoint a personal representative, who is often a surviving family member.

Is Wrongful Death the Same as Negligence?

In Espanola, NM, wrongful death is not the same as negligence. Negligence is the legal concept that refers to the failure to exercise reasonable care, resulting in harm to another person. Wrongful death is a legal claim brought when someone’s death is caused by the wrongful act, negligence, or misconduct of another person or entity.

Wrongful death claims often rely on proving that the defendant was negligent. However, wrongful death can also result from intentional acts or strict liability, where negligence does not need to be proven.

What Is Wrongful Death Action in Law?

Wrongful death action in law is a type of civil lawsuit brought by the survivors or the estate of a deceased person against a party whose wrongful conduct caused the person’s death. It allows the decedent’s family members or beneficiaries to seek compensation for losses resulting from the death.

The main purpose of a wrongful death action is to compensate the surviving family members or the estate for the financial and emotional losses when they have suffered due to the wrongful death.

Speak With a Local Espanola, New Mexico, Wrongful Death Lawyer

In the wake of a wrongful death, seeking justice can feel overwhelming. Fortunately, you don’t have to face it alone. The wrongful death lawyers at Egolf + Ferlic + Martinez + Harwood, LLC, provide support and advocacy to hold those responsible accountable and secure the compensation your family deserves. Reach out to set up a consultation today.