Taos Wrongful Death Lawyer

Taos Wrongful Death Attorney

The loss of a loved one is an unimaginable tragedy, but when that loss is due to another’s negligent or wrongful actions, the pain can be compounded by feelings of anger and injustice. In these difficult times, it’s important to know that the law provides a way to seek justice and compensation through a wrongful death claim. A Taos wrongful death lawyer from Egolf + Ferlic + Martinez + Harwood, LLC, can help you reach that end with compassion and competence.

Pursuing a wrongful death claim can be complex and emotionally taxing, which is why having a knowledgeable wrongful death lawyer by your side is essential. A wrongful death lawyer not only brings legal experience but also provides the support and guidance needed to navigate the legal system during one of the most challenging times in your life.

How a Wrongful Death Legal Claim Works in New Mexico

In New Mexico, a wrongful death legal claim follows a specific process designed to allow justice for the survivors of a decedent whose death was caused by another’s wrongful actions. It generally follows the following process:

• Filing the Claim: The wrongful death claim must be filed by the personal representative of the deceased’s estate. This individual is appointed through the probate process and is responsible for managing the estate’s legal matters. The personal representative files a claim on behalf of the surviving family members’ beneficiaries, who are entitled to compensation under New Mexico law.
• Investigation and Evidence Gathering: The filing party or their attorney will investigate the case and gather evidence. This includes medical records, accident reports, witness statements, and expert testimony. The goal is to prove that the defendant’s actions or negligence directly caused the death. This involves demonstrating that the defendant owed a duty of care, breached that duty, and that the breach led to the deceased’s death.
• Filing the Complaint: A formal complaint or petition is filed in court detailing the allegations and claims. The complaint outlines the facts of the case, the legal basis for the wrongful death claim, and the damages being sought. The defendant must be served with a copy of the complaint and a summons, notifying them of the claim and requiring them to respond.
• Pre-Trial Procedures: Both parties exchange evidence and information relevant to the case. This may involve depositions, interrogatories, and requests for documents.
• Trial: If a settlement cannot be reached, the case may go to trial. Both sides present their evidence and arguments before a judge or jury. The judge or jury will determine whether the defendant is liable for the wrongful death and, if so, the amount of damages to be awarded.
• Post-Trial: If either party is dissatisfied with the trial outcome, they may file an appeal to a higher court to review the case for legal errors. Once a judgment is finalized, the awarded damages must be collected.
• Distribution of Damages: The damages awarded in the claim are distributed among the surviving family members or beneficiaries according to New Mexico’s laws and the instructions of the personal representative.

FAQs

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

The damages for wrongful death claims in New Mexico compensate the deceased’s estate and surviving family members for the losses they have suffered. These damages can include medical expenses, funeral and burial expenses, loss of earnings, loss of consortium, pain and suffering, and punitive damages in certain circumstances. The specific amount and types of damages awarded will vary based on the circumstances of the case.

Who Gets the Money in a Wrongful Death Lawsuit in New Mexico?

The parties who get the money in a wrongful death lawsuit in New Mexico are typically the decedent’s beneficiaries. Generally, this distribution goes to a surviving spouse, surviving children, parents, and other heirs such as siblings. The wrongful death claim must be filed by the personal representative of the deceased person’s estate.

This individual is responsible for pursuing the claim and ensuring that the awarded damages are distributed among the rightful beneficiaries according to New Mexico law.

What Is the Burden of Proof for Wrongful Death?

The burden of proof for a wrongful death claim in Taos, NM is on the plaintiff (the party bringing the legal claim), and they must establish their case by a “preponderance of the evidence.” This standard means that the plaintiff must prove that it is more likely than not that the defendant’s wrongful actions caused the death.

Meeting this burden of proof is essential for a successful wrongful death claim, and having strong evidence, expert testimony, and a well-constructed argument can significantly impact the outcome.

What Is the Difference Between Medical Malpractice and Wrongful Death?

Medical malpractice and wrongful death differ in the types of harm caused. Medical malpractice occurs when a healthcare provider fails to provide the standard of care that a reasonably competent professional would under similar circumstances.

Wrongful death is a legal claim that arises when someone’s death is caused by the negligence, reckless, or intentional actions of another. Medical malpractice involves negligence that causes harm or injury to a patient, while wrongful death is a broader type of claim that could include medical malpractice.

Speak With a Trustworthy Taos Wrongful Death Lawyer

In the wake of a wrongful death, seeking justice for your loved one can feel like an insurmountable task. However, a skilled wrongful death lawyer can make a significant difference by providing the experience, compassion, and dedication needed to guide you through the legal process. By holding the responsible parties accountable and pursuing the compensation you deserve, a wrongful death lawyer can help alleviate some of the burdens during this time.

Reach out to a wrongful death lawyer at Egolf + Ferlic + Martinez + Harwood, LLC, and set up a consultation. With their support, you can focus on healing while ensuring that your loved one’s legacy is honored and that justice is served.