Wrongful Death Representation
Wrongful death is a civil claim brought against a person who may be held liable for a death, whether accidental or intentional. Wrongful deaths are often caused by negligence. Negligence can mean two things: acting in a way that a reasonable person would not under similar circumstances, or failing to act in a certain way. When someone dies due to the fault of another person or entity, the surviving family may be entitled to bring a wrongful death lawsuit.
If you are seeking compassionate expertise and knowledgeable legal advice for a wrongful death case, reach out to us. Parnall & Adams Law has represented clients in New Mexico in many types of wrongful death cases.
What Constitutes Wrongful Death?
A wrongful death claim may arise following a situation in which a victim would otherwise have a valid personal injury claim if death did not occur. Wrongful deaths are typically associated with some type of negligent, reckless, or intentional act performed by a person, group of people, organization, or company. Wrongful death accidents can occur in a number of ways. Examples include:
- Medical malpractice
- Nursing home abuse or neglect
- Vehicle accidents (auto and pedestrian)
- Airplane or other commercial transportation accidents
- Deadly slip-and-fall accidents
- Negligent homeowner accidents (e.g. when a child drowns in a pool)
- Defective or dangerous drugs or products
- Workplace accidents or exposure to toxic substances
- Being the victim of a crime
Not all accidents that involve these types of situations constitute as wrongful death. The court will look at various aspects of a situation to determine if the defendant was indeed negligent.
Wrongful Death Claims In New Mexico
Wrongful Death Damages
Once the claim is filed, any damages awarded from the claim are thereafter held by the estate for a brief amount of time. If there is a surviving spouse and no children, the spouse may collect any damages. If there is a surviving spouse and children or grandchildren, any damages are divided. Half goes to the spouse and the other half to the children and/or grandchildren. If there is no spouse but surviving children or grandchildren exist, the damages are divided among these survivors.
Section 41-2-2 of the New Mexico Statutes states that a wrongful death claim must be filed within a three year period following the death. A statute of limitations goes into effect if a person attempts to claim a wrongful death after this three-year period. If the defendant is found responsible for the death in court, damages may be awarded. However, the type of damages that are awarded are based on the person’s unique relationship to the deceased person. In New Mexico, damages for wrongful deaths typically include:
- Funeral and burial expenses
- Compensation for loss of companionship
- Medical expenses from the deceased person’s last injury or illness
- Compensation for mental anguish
- Loss of inheritance
- Compensation for loss of financial contributions
- Pain and suffering that the deceased person endured before death
In New Mexico, some wrongful deaths may be eligible for punitive damages. Unlike the other types of damages mentioned, punitive damages are not intended to provide compensation for the family for their losses. Instead, it is awarded in certain cases where the deceased was the victim of an egregious action, such as gross negligence or intentional harm.
Contact The Experienced Attorneys At Parnall & Adams Today
Reach out for your free consultation, and we’ll guide you on the next steps: call 505-600-1417; or request a time here.