Albuquerque Wrongful Death Attorneys

What Is a Wrongful Death Lawsuit?

When someone passes away due to someone else’s negligence, malpractice, or wrongful act, surviving family members of the victim have the right to file a wrongful death lawsuit against the liable party and seek damages. The goal of a wrongful death lawsuit is to hold the wrongdoer accountable for their actions, compensate the family for the losses they sustained, and relieve the family of the financial burdens that come with an untimely passing. 

A person may suffer a wrongful death in a variety of scenarios. After reviewing the facts of your case, we can advise whether you have a strong claim. 

Our team at Harvey & Foote Law Firm is prepared to represent you in wrongful death claims stemming from:

• Home Abuse or Neglect: Physical abuse or neglect of individuals within their own homes, often involving caregivers or family members.
• Assisted Living Facility Abuse or Neglect: Mistreatment or negligence in assisted living facilities, which provide housing and support services for elderly or disabled individuals.
• Group Home Abuse or Neglect: Similar to assisted living facilities, group homes may be settings for abuse or neglect, especially for vulnerable populations.
• Car Accidents: Fatalities resulting from motor vehicle accidents, which can occur due to various factors such as negligence, reckless driving, or impaired driving.
• Truck Accidents: Wrongful deaths involving large trucks or commercial vehicles, often caused by factors like driver fatigue, speeding, or inadequate maintenance.
• Workplace Accidents: Fatalities occurring in the workplace due to accidents, hazardous conditions, or lack of proper safety measures.
• Medical Malpractice: Wrongful death resulting from negligent or substandard medical care, including errors made by healthcare professionals such as doctors, nurses, or hospitals.
• Defective Products: Fatalities caused by using defective or dangerous products, including medications, medical devices, or consumer goods.
• Criminal Acts: Deaths resulting from criminal acts such as homicide, assault, or other intentional wrongdoing.
• Aviation Accidents: Fatalities occurring in airplane or helicopter accidents, which may be caused by mechanical failure, pilot error, or adverse weather conditions.
• Dangerous Premises: Fatalities from accidents on poorly maintained or unsafe premises, such as slip and fall incidents.
• Drowning or Submersion: Deaths caused by drowning or submersion, which can occur in various settings such as pools, lakes, or bathtubs.

Common Causes of Wrongful Death in Nursing Homes

Wrongful deaths in nursing homes are often the result of negligence or abuse. Common causes include:

• Neglect and Dehydration: Residents may suffer from malnutrition or dehydration due to inadequate care, which can lead to fatal complications.
• Medication Mistakes: Incorrect doses or administering the wrong medication can lead to life-threatening complications, especially for residents with pre-existing conditions.
• Falls: Lack of supervision or unsafe environments can lead to fatal falls, especially for elderly or disabled residents.
• Bedsores and Infections: Poor hygiene practices and failure to properly care for bedridden patients can cause fatal infections.
• Abuse or Assault: Physical or emotional abuse by staff or other residents may lead to life-threatening injuries or severe emotional distress.

Who Can File a Wrongful Death Lawsuit in New Mexico?

In New Mexico, only the personal representative of the victim’s wrongful death estate can initiate a wrongful death claim. The court appointed a personal representative. The personal representative can be a family member of the victim or a neutral third party, like a local attorney or trust company.  The personal representative is obligated to ensure that any proceeds from a lawsuit get distributed to the right people under the New Mexico Wrongful Death Act.  

How Do I Prove Liability in a Wrongful Death Claim?

Negligence is a key concept in a wrongful death lawsuit and is typically one of the elements that must be proven for a successful claim. Negligence refers to the failure to exercise reasonable care or breach a duty of care owed to another person, resulting in harm or injury. In the context of a wrongful death lawsuit, the plaintiff (the party bringing the lawsuit) typically needs to show that the defendant's negligence was a proximate cause of the death.

Here are the basic components of negligence in the context of a wrongful death lawsuit:

1. Duty of Care: The defendant must have owed a duty of care to the deceased person. This duty can arise from various relationships, such as a doctor's duty to a patient, an employer's duty to an employee, or a driver's duty to other road users.
2. Breach of Duty: The plaintiff must demonstrate that the defendant breached the duty of care. This means that the defendant's actions or omissions fell below the standard of care expected in the given situation.
3. Causation: There must be a direct link between the defendant's breach of duty and the individual's death. The plaintiff needs to show that the defendant's negligent actions were a substantial factor in causing the death.
4. Damages: The plaintiff must prove that there are quantifiable damages resulting from the death. These damages may include medical expenses, funeral costs, loss of income, and the emotional suffering of the surviving family members.

In some cases, a wrongful death may result from intentional actions. This involves a deliberate and purposeful act by the defendant that leads to the death of another person. Examples may include assault, homicide, or other intentional acts causing harm. In these cases, the intent to cause harm may be a critical factor in establishing liability.

To establish wrongful actions in a wrongful death lawsuit, the plaintiff typically needs to present evidence that proves the defendant's responsibility for the death. This may involve witness testimonies, expert opinions, medical records, accident reports, or other relevant documentation.

Who Receives Compensation in a New Mexico Wrongful Death Claim?

While the personal representative is responsible for filing a wrongful death lawsuit in New Mexico, they do not necessarily receive any awarded compensation. Damages obtained through a successful wrongful death claim will typically be divided amongst the victim’s closest surviving relatives.

In New Mexico, wrongful death compensation is distributed amongst surviving family members as follows:

• If there is a surviving spouse but no children, the spouse receives all damages
• If there is a surviving spouse and surviving children or grandchildren, the spouse receives half of all damages, while the children or grandchildren receive the other half
• If there is no surviving spouse but there are surviving children or grandchildren, the children and/or grandchildren receive all damages
• If there is no surviving spouse, children, or grandchildren, the victim’s surviving parents receive all damages
• If there is no surviving spouse, children, grandchildren, or parents, the victim’s surviving siblings receive all damages
• If the victim was under the age of 18 when they passed away, the surviving parents receive all damages
• If the victim was under the age of 18 and there are no surviving parents, the surviving siblings will receive all damages

What Types of Damages Can I Recover in a Wrongful Death Lawsuit?

Our Albuquerque wrongful death lawyers will work to secure just compensation for:

• Funeral and burial expenses
• Medical expenses linked to the victim’s fatal injuries or illness
• Lost wages and benefits the victim would have reasonably earned had they lived
• Pain and suffering endured by the victim before their passing
• Emotional stress endured by the victim’s surviving family members
• Loss of guidance
• Punitive damages

The qualifying family members of someone who suffered a wrongful death can get compensation for both economic and non-economic losses. Note that damages in a wrongful death claim involving medical malpractice may be capped.

Getting compensation usually requires a lawsuit.  However, during the lawsuit, we will mediate or negotiate the case with the liable party to reach a fair settlement.  If an acceptable settlement cannot be reached, our trial-tested litigators will fight for your rights at trial. 

New Mexico Statutes on Wrongful Death

The New Mexico Wrongful Death Act outlines the legal procedures for seeking compensation after a wrongful death caused by negligence or intentional harm. Here are some key aspects:

• Who Can File a Claim: A wrongful death claim must be brought by the personal representative of the deceased’s estate. This representative can be a family member or a court-appointed party.
• Time Limitations: A wrongful death lawsuit must typically be filed within three years from the date of the victim's death.
• Distribution of Compensation: Damages awarded in a wrongful death case are distributed among the deceased's surviving family members according to New Mexico’s laws of intestate succession.

The statute is designed to ensure that those responsible for a wrongful death are held accountable while providing compensation to grieving families.

What to Look for in a Wrongful Death Lawyer

Choosing the right wrongful death lawyer is crucial for achieving justice. Here’s what to consider:

• Experience with Wrongful Death Cases: Ensure the lawyer has a strong background in handling wrongful death claims, particularly those related to nursing homes or medical malpractice.
• Compassion and Communication: During this emotional time, a lawyer who offers compassionate guidance and clear communication can help ease the burden.
• Track Record of Success: Check for a proven history of winning substantial settlements or verdicts in wrongful death cases.
• Trial Readiness: If negotiations fail, your lawyer should have the skills and experience to take your case to trial.

Contact Harvey & Foote Law Firm to schedule a FREE consultation!