Albuquerque Wrongful Death Lawyer

Albuquerque Wrongful Death Attorney

It is always difficult to suffer the death of a loved one. This fact is magnified when the death is due to another person’s negligence or if the death could have been avoided. When this happens, those affected need the help of an Albuquerque wrongful death lawyer to help them fight for what is right and get them the compensation they deserve during this hard time. While money cannot take away the pain, it can help alleviate the stress of the situation.

Why Choose Us?

At Egolf + Ferlic + Martinez + Cox, LLC, LLC, we understand that when suffering a devastating loss, the path forward can seem overwhelming. We combine compassion and competence to guide you through this difficult time. When someone suffers a wrongful death, their families deserve justice. We can fight to get you the compensation you deserve.

We know that with wrongful death, the issue is more than just financial. However, we know that finances are a part of what comes with wrongful death situations. Wrongful death and personal injury cases impact more than just individual lives; they shape how companies, governments, and others prioritize safety and accountability. By pursuing these cases, we not only seek justice for you and your loved ones but also work to make our community safer.

What Is Wrongful Death?

If someone dies in Albuquerque, New Mexico because of someone else’s careless or intentional actions, the deceased’s estate could file a wrongful death case. This is what New Mexico law calls a wrongful death. It is considered a wrongful death if the deceased could have been able to file a personal injury claim had they lived.

People in New Mexico who have lost a loved one may find it helpful to think of their case as a personal injury case that the person who died can no longer bring. Someone else needs to take the claim to court to show that the perpetrator is responsible and ask for damages. A wrongful death case can be based on a lot of different types of events, such as car accidents, medical malpractice, and intentional acts, such as assault and battery.

Who Can File for Wrongful Death in New Mexico?

Some states permit the family members of the person who died to file a wrongful death claim. In New Mexico, the personal representative of the deceased must make a wrongful death claim. Most of the time, the person named in the will of the deceased is the personal agent. If there is no personal agent or if they cannot or will not do their job. The court will choose someone else to do the job instead.

Statute of Limitations on a Wrongful Death Claim

All states have laws that determine how long a person has to make a claim for wrongful death. New Mexico is no different. These laws are called “statutes of limitations.” In New Mexico, you have three years from the date of the death to file a wrongful death case.

The person filing the claim for the deceased will likely lose the right to do so if the claim is not made before the deadline. If the claim is filed after the statute of limitations deadline, the case will likely be dismissed.

The Burden of Proof

The burden of proof is the responsibility to show that all the parts of a formal claim are true. In general, that duty lies with the person filing the case. When it comes to crimes, that person is usually the lawyer. However, in a wrongful death case, the burden of proof rests on the client.

In a criminal case, proof beyond reasonable doubt must be established. To prove someone guilty beyond a reasonable doubt, you must present evidence that they are guilty and that a reasonable person would also agree. For instance, when someone is charged with murder, the prosecution has to show beyond a reasonable doubt that the defendant killed someone.

The standard for proof in a civil case is a preponderance of the evidence. A majority of the evidence just means that there is a good chance that something is true. If someone files a claim for wrongful death, they have to show that it’s more likely than not that the offender caused the death.

Available Damages for a Wrongful Death Case in New Mexico

If a wrongful death case is successful, the court will order the defendant to pay damages, which are the plaintiff’s claimed losses, to the estate or survivors of the deceased.

In New Mexico, damages that can be claimed for wrongful death usually include funeral and burial costs, medical bills related to the deceased’s last illness or injury, lost wages and benefits, financial contributions to the household, emotional distress, and pain and suffering the deceased went through before their death.

The personal representative has to file the wrongful death claim, but any money won goes to the estate to help the surviving family members. If there is only a partner left behind and no children, the spouse gets all the money that was lost. When someone dies and leaves behind a spouse, children, or grandkids, the damages are split in half and given to the spouse and the children or grandchildren.

Right of Representation

New Mexico’s right of representation law mandates that if there is no surviving spouse, the court will split the damages between the children or grandchildren. If the deceased didn’t have a spouse or children, or if they were younger than 18, the child’s parents would get the money. If there are no living parents, the siblings of the deceased will get the money, no matter what age the deceased was.

How a Wrongful Death Attorney Can Help

Claims for wrongful death can get very complicated and take a lot of time. Most families and estate representatives don’t have the money or time to fully investigate what caused the death and determine who was at fault. A New Mexico wrongful death lawyer can, however.

• Get all the proof you need to show who is responsible.
• Facilitate all talks and discussions with the insurance company or other parties involved
• Get help from reliable economic and financial professionals to figure out how much you’ve lost.
• Take the case to trial if necessary to ensure families and estates are properly protected.

An attorney can help you to navigate the legal process, which can sometimes be difficult to understand, while you focus on what is more important: being there for your family and moving on in peace. While you focus on the personal aspects of a wrongful death, an attorney can help alleviate the burden and focus on the legal aspects, all while fighting for your rights to get you what you deserve.

FAQs

Who Can File a Claim for a Wrongful Death in New Mexico?

In New Mexico, a personal representative of the deceased’s estate may file a wrongful death claim. This representative serves on behalf of the surviving family members, including the spouse, children, and parents. According to New Mexico, any damages recovered are divided among the deceased’s heirs, with close family members receiving priority for compensation and maintaining their financial security following a devastating loss.

Is Wrongful Death the Same as Negligence?

Although negligence might serve as the foundation for a wrongful death claim, wrongful death, and negligence are not the same thing. Negligence is defined as careless or reckless behavior that causes injury, whereas wrongful death is when someone dies as a result of carelessness or wrongdoing. A wrongful death claim holds the negligent person liable and demands damages for the surviving family members.

What Is the Difference Between Homicide and Wrongful Death?

The illegal killing of another person is known as homicide, and it frequently leads to criminal prosecution. In contrast, a civil case for wrongful death is filed by the deceased’s family or estate in an attempt to recover damages. Regardless of purpose, wrongful death aims to make up for the loss to the family, whereas homicide may involve careless or deliberate actions.

What Is Wrongful Death Action in Law?

A wrongful death case is a legal action that the family or estate of the deceased brings to get money for their loss because of someone else’s carelessness, recklessness, or willful misconduct. It holds the person who caused the harm responsible. It also helps surviving family members receive compensation for expenses, including hospital bills, funeral costs, lost wages, and emotional pain. This provides justice and financial relief.

Contact Egolf + Ferlic + Martinez + Cox, LLC, LLC, Today

Anytime there is a sudden death of a loved one, it can be an emotionally challenging experience.

If someone you loved was a victim of a wrongful death, you may have options available to seek justice. Contact us today to get more information. With our legal team on your side, you can trust that you are getting the quality legal representation you deserve. We can help you explore the full extent of your legal options. Our legal team could be the resource you need to successfully resolve your claim.