Albuquerque Wrongful Death Attorney

The sad reality is that every family will have to deal with loss at some point. How their grief will be processed over that loss is different for everyone. For some, the grief can be all-consuming. They can feel stuck and unable to decide what should happen next.

One thing that can compound the grief is how the death occurred. If it occurred due to someone’s negligence, the surviving family members may experience a profound sense of anger. In those situations, a small measure of comfort can be found in holding the negligent party accountable.

Filing a wrongful death claim asserts that someone is responsible for the death, even though it might have been unintentional. These types of claims are inherently complex because of the nature of what is at stake for the accused person or entity that was the cause of the death. That is why you need the services of an experienced Albuquerque wrongful death lawyer to help you navigate through those claims.

The attorneys at the Barrera Law Group, LLC, have helped many families who have suffered the immense loss of a loved one due to negligence.

We understand how important it is to hold the at-fault parties accountable and seek out a settlement that will help secure the family’s financial future. As you enter into this process, it is important to understand the full scope of what a wrongful death accident claim means.

How New Mexico Defines Wrongful Death

Before you can file a wrongful death claim, your assertions need to align with how the law defines a wrongful death. In New Mexico, N.M. Stat. § 41-2-1 defines wrongful death as the death of an individual “caused by the wrongful act, neglect or default of another.”

That same state statute describes how, had the decedent still been alive, the fatal acts that claimed their life would have entitled them to file a personal injury lawsuit. That right transfers to the designated surviving family members on behalf of the decedent’s estate.

There are three different components of a wrongful death act that include the following:

Wrongful Act

The wrongful act is the actual negligent incident that the accused liable party or the defendant engaged in that resulted in your family member’s passing. This can involve anything from a reckless driver who was under the influence of alcohol to a surgeon who made a mistake. It can also include a criminal act like physically assaulting someone, which ultimately claimed a person’s life.

Neglect

Neglect refers to the actions that lead up to the wrongful death. It is a person or entity’s choice to turn a blind eye to others’ needs. For example, if the owner of a backyard swimming pool does not have a secure fence around the pool and a child wanders in and drowns, that homeowner can be accused of a wrongful death. It can also happen in a nursing home if staff are aware of a resident’s mobility challenges but fail to check in regularly.

Who Can File a Wrongful Death Lawsuit in New Mexico

In New Mexico, only one person is authorized to file a wrongful death lawsuit. That person would be the executor of the deceased person’s estate. Individual family members cannot file a lawsuit directly.

In other words, there can’t be six wrongful death claims for a single incident. Instead, that personal representative or executor will act on behalf of the surviving beneficiaries, such as spouses, children, or parents.

Typically, the executor is designated in a person’s will. If there is no will, or if the named executor is unable to serve, the court will appoint one. That will typically be a close family member.

Even though the executor is the only one who can file the case, the compensation recovered ultimately goes to eligible surviving family members. Under New Mexico law, payouts are generally prioritized in this order:

• If there is only a spouse: 100% goes to the spouse.
• If there is a spouse and children: 50% goes to the spouse, and the remaining 50% is divided equally among the children.
• If there are only children: The settlement is divided equally among the children.
• If there are no spouse or children: Parents or siblings may be entitled to recover damages.

Common Causes of Fatal Accidents in Northern New Mexico

The following types of fatal injury accidents lead surviving family members to file lawsuits:

• Motor vehicle crashes: This includes car wrecks, tractor-trailer collisions, motorcycle accidents, pedestrian-involved crashes, and similar car accidents.
• Premise liability events: Negligent security scenarios, slip and falls, dog bite situations, physical assaults, and swimming pool drownings are just some examples of injury events that can happen on others’ properties and can ultimately claim someone’s life.
• Medical malpractice situations: This may include delayed or misdiagnosis, surgical errors, medication errors, and other instances in which physicians or medical team members fail to meet the standard of care required of them. When that occurs, the wrongful death can be attributed to medical malpractice.
• Nursing home abuse: Situations whereby patients suffer bedsores, are subjected to malnutrition and dehydration, and receive the wrong medications can all result in premature deaths. Nursing home abuse typically happens because of a staff shortage or improperly trained staff.
• Workplace injuries: Every job comes with a risk of injury. However, when jobs involve machinery or exposure to toxic chemicals, they can create an unsafe environment that may be caused by management negligence.

The list above isn’t exhaustive. Losing a loved one in virtually any type of preventable accident may allow you to file a legal claim.

Types of Compensation Available to Grieving Families

There is no amount of money that can make up for the loss of a loved one. However, there are certain expenses and a measure of pain and suffering that should be accounted for if that loss was due to some other person’s negligence. Wrongful death compensation provides grieving families with financial and emotional stability.

These settlements are generally divided into three categories: economic damages, non-economic damages, and punitive damages. This is how it breaks down:

Economic Damages

These represent the tangible, out-of-pocket, and financial losses resulting from the death and include the following:

• Medical expenses for any treatment that was incurred prior to the loved one’s passing.
• Funeral and burial costs
• Lost wages
• Future earnings
• Loss of household services

Non-Economic Damages

These intangible losses account for the emotional toll on family life and include the following:

• Loss of companionship
• Loss of guidance and training
• Loss of consortium

Punitive Damages

When the wrongful death claim involves intentional harm, malice, or gross negligence, courts may award punitive damages to penalize the responsible party and deter similar behavior in the future.

We work closely with families to help them calculate the full scope of their damages. Our goal is to find a fair resolution that will support the family’s needs.

Why Barrera Law Group LLC Should Be Your Albuquerque  Wrongful Death Lawyer

There is no emotional timeline for moving on from experiencing the death of a loved one. Families grieve at their own pace. Unfortunately, when it comes to the legal matter of filing a wrongful death claim, there is a finite timeline. In New Mexico, the law generally gives families only three years from the date of a loved one’s death to file a wrongful death lawsuit.

While that may seem like plenty of time, it can go by fast, especially when you factor in what it will take to investigate what happened and who is at fault. It is essential to preserve critical evidence and lock down any potential witnesses’ testimony before their memories fade.

At Barrera Law Group LLC, we understand that no family is prepared for the emotional and legal challenges that follow a preventable death.

Our team provides compassionate guidance while handling the legal responsibilities that can quickly become overwhelming. We take the time to answer your questions and explain each stage of the process. When we agree to work together, we’ll become the family advocate who will take over all communications with any insurance carrier.

Whether your loved one’s death resulted from a motor vehicle collision, medical negligence, unsafe property conditions, or another act of negligence, we work diligently to pursue accountability and seek the financial recovery your family may deserve.

If you have lost a loved one because of someone else’s negligence, don’t wait to learn about your legal options.

Contact Barrera Law Group LLC today for a confidential consultation. We are ready to provide the compassionate support, experienced legal guidance, and determined advocacy your family needs during this difficult time.

Frequently Asked Questions About Wrongful Death Claims

How long do I have to file a wrongful death claim in Albuquerque?

In New Mexico, the statute of limitations for a wrongful death claim is generally three years from the date of the individual’s passing. Failing to file within this window usually results in the loss of the right to pursue compensation.

Can a sibling file a wrongful death lawsuit in New Mexico?

Under New Mexico law, a sibling cannot directly file the suit unless they are appointed as the ‘personal representative’ of the deceased’s estate. However, the recovery is typically distributed to the surviving spouse, children, or parents first.

What damages can be recovered in a fatal accident case?

Families can seek compensation for medical expenses incurred prior to death, funeral and burial costs, lost future earnings, and the loss of companionship and guidance. In cases of extreme negligence, punitive damages may also be available.