It’s hard to put into words how sad it is to lose a loved one, especially when their death could have been avoided. Many families are in a lot of trouble because of the mental toll, the unanswered questions, and the financial stress. In these situations, filing a wrongful death lawsuit isn’t about getting payback; it’s about holding people responsible.
We at Parnall & Adams Law know how painful and personal these cases are. That’s why we listen to your story, tell you about your rights, and help you through the whole court process. Any claim for unjust death must first show that someone was negligent. Also, if you want to know how to do that, this book will show you.
How Do You Know If Someone Died Unfairly?
When someone dies because of someone else’s careless, reckless, or even intentional actions, this is called wrongful death. There are many things that can lead to these cases, such as:
- Automobile accidents
- Incidents at work
- Bad medical practice
- Products with problems
- Dangerous conditions on the land
- Committing a crime
The main difference between unjust death and accidental death is who was at fault, and showing that someone was at fault is what the case is all about.
In New Mexico, Who Can File a Claim for Wrongful Death?
New Mexico Statutes Annotated (NMSA 1978), § 41-2-3 says that the person in charge of the estate of the person who died must file a wrongful death lawsuit. Through the probate court, this person is chosen to speak for remaining family members like the spouse, children, parents, or sometimes siblings.
It is important to keep in mind that even though the personal agent files the lawsuit, the money won does not go to the estate. Instead, New Mexico law sets up a hierarchy for how the money is given to the remaining family members.
What does the law say about negligence?
Negligence in the eyes of the law means that someone did not act with due care, which hurt someone else. Four things must be shown in a wrongful death lawsuit:
Responsibility to Care
The criminal was required by law to act in a way that did not hurt other people.
Breaking the Duty
The defendant didn’t live up to that duty, whether they did something or didn’t.
Cause and effect
Someone you care about died because of that breach.
Damages
The death caused measurable financial or mental harm to the family members who are still alive.
How to Make a Strong Case: What Proof Do I Need?
You must show clear and convincing proof of all four types of negligence in a wrongful death lawsuit in order to win. The following is often part of that:
1. Records and paperwork
- Reports from the police (especially about car crashes)
- Medical records and notes on autopsies
- Proof of employment and wages
- Bills for medical costs or funeral costs
2. Testimony from experts
- Doctors and nurses (to show the standard of care in situations of malpractice)
- Accident investigators (for car or work-related accidents)
- Economists (to figure out how much time and money were lost)
3. Accounts from eyewitnesses
People who saw what happened can give first-hand reports that help show who was at fault.
4. Proof that can be seen or touched
This could include photos, videos, surveillance footage, broken products, or the physical condition of the accident spot.
A team of skilled lawyers will gather, analyze, and present this evidence in a strong way to meet the legal standard of proof.
The Most Difficult Part of Proving Causation
The four parts that are mostly argued about are cause and effect. You are not even required to prove that the individual was careless, but also that his or her death was caused by the carelessness.
An example will be a case whereby a person dies due to heart failure when receiving medical attention, but the hospital was too slow to attend to him/her, you will be required to present evidence that the slowness was not the cause of death, but the illness itself was. This is where the help of experts’ evidence and a careful legal look at records and timelines come in.
For these connections to be clear and accurate, Parnall & Adams Law goes into depth and works with experts.
What kinds of damages can be fixed?
You can get three kinds of damages under New Mexico’s Wrongful Death Act:
1. Damages to the economy
These cover real losses in money and include:
- Costs of medical care before death
- Costs of a funeral and burial
- Lost wages and incomes in the future
- Loss of family services like child care, home repairs, and more
2. Damages that aren’t monetary
These show the toll on relationships and emotions:
- To suffer and feel pain
- Problems with emotions
- Loss of friends and family
- Not getting help from parents or a spouse
3. Damages to punish
If the behavior that led to death was especially careless or intentional, like DUI or criminal attack, punitive damages may also be given. These are meant to punish the person who did wrong and stop others from doing it again.
How are the damages split up?
New Mexico law spells out how to give compensation to living family members:
- Spouse but no kids: The spouse gets 100%
- Partner and children: 50% goes to the partner, and 50% is split between the children
- No spouse, but children and grandkids: They receive 100%
- Minor child with no partner or other children: Parents split the damages equally
- No relatives at all: Siblings may be able to apply
If there are no heirs, the money can be given out according to NMSA §§ 45-2-101 to 114, which are rules about intestate succession.
Notably, NMSA § 41-2-3 says that creditors of the person who died cannot take wrongful death claims.
Know the Statute of Limitations: Time is of the Essence
In New Mexico, NMSA § 41-2-2 says that you have three years from the date of death to file a wrongful death lawsuit.
But when government bodies are involved, deadlines are shortened. As an example:
- NMSA § 41-4-15, the Tort Claims Act, says: Notice of claim must be given within 90 days
- If the offender works for or is part of the government, you have two years to file a lawsuit.
If you miss these deadlines, you might never be able to get justice again, no matter how strong your claim is.
Why do you need injury lawyers in my area?
Claims of wrongful death are hard on the emotions and hard to understand formally. It makes a huge difference to work with area experts. When you hire injury lawyers in my area, these things happen:
- Being familiar with the courts, judges, and juries in New Mexico
- Expert witnesses and detectives in the area
- On-the-ground tools to help gather evidence faster
- Personalized talks in person
- A group of lawyers who understand the values of your town
We’re not just lawyers here at Parnall & Adams Law; we’re also your friends, and we want to help you get your voice back.
What can you expect from us when you hire us?
We don’t just take on your case; we’re always here for you. Parts of our process are:
- An initial, free, and private meeting to learn more about your situation
- How the law judges fault, liability, and fines
- Complete investigation and gathering of information
- Putting in the case and keeping track of court dates
- Legal help during settlement talks or a trial
- Sincere talking and mental support all the way through
Step on the path to justice right now.
It’s terrible to lose someone because of someone else’s carelessness. You don’t have to go through this by yourself, though. At Parnall & Adams Law, we want to take care of your legal issues so that your family can focus on getting better.
We will fight for justice, get full payment, and make sure that the story of your loved one is heard and taken seriously.
Please let our team of caring injury lawyers in my area help you file the wrongful death case that your family deserves. Get in touch with us right away to get a free case review.
FAQs
- Can I sue for unjust death and jail time at the same time?
Yes. A claim for wrongful death is a legal case. It can happen even if there are no formal charges, like murder or manslaughter. - Do I need a lawyer to make a case for wrongful death?
Yes, since the laws are involved, the witnesses are emotional, and so much money is involved, it is very convenient that you would want to have a lawyer who has experience in such a case. - What if the person who died was partly to blame?
The law in New Mexico is called pure comparative negligence. In other words, the number of mistakes lowers the amount of damage. Your family could still get 20% of the losses even if the person they loved was 80% to blame.
4. How long does it take to settle a case of unjust death?
Depending upon the complication involved, the burdens to the courts, and whether the case will go through trial, it may well take a few months to over a year. A qualified attorney is able to hustle the process and defend your rights.