Our New Mexico wrongful death lawyers can help you seek justice if you lost a loved one because of someone else’s negligence.
The death of a family member is always difficult to accept and deal with, especially when their passing was unexpected and could have been avoided. If your loved one died because of the actions of another party, you and your family may be entitled to compensation.
Getting justice for the untimely death of your loved one may seem daunting, particularly when you are still grieving your loss. Our team at the Harvey & Foote Law Firm understands what you are going through and aims to make the legal process as efficient and painless as possible. Our Albuquerque wrongful death lawyers will handle the steps of filing your claim and provide responsive support from beginning to end. Your case will have our full attention, and we will leverage the full extent of our experience, skills, and resources to get your family the optimal result you deserve.
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.
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 personal representative is appointed by the court. 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 has an obligation to make sure that any proceeds from a lawsuit get distributed to the right people under the New Mexico Wrongful Death Act.
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
Types of Wrongful Death Cases We Handle
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:
- Nursing home abuse or neglect
- Assisted living facility abuse or neglect
- Group home abuse or neglect
- Car accidents
- Truck accidents
- Workplace accidents
- Medical malpractice
Having recovered millions of dollars for our clients, we are confident we have what it takes to successfully represent you during this unimaginably difficult time. Call (505) 295-2245or contact us onlineto discuss your case with us.
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 try to reach a full and fair settlement. If an acceptable settlement cannot be reached, our trial-tested litigators will fight for your rights at trial.
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 prior to their passing
- Emotional stress endured by the victim’s surviving family members
- Loss of guidance
- Punitive damages