New Mexico Wrongful Death Attorney
Losing a family member is one of the most challenging things that anybody could go through. This is particularly true if a loved one loses their life due to the careless, negligent, or intentional actions of someone else. When this occurs, you need to contact a New Mexico wrongful death attorney for help as soon as possible. At Liles White, our New Mexico personal injury attorneys have extensive experience handling complex wrongful death claims, and we understand what it takes to ensure that family members receive the closure and compensation they are entitled to in these situations.
Why Choose Liles White for Your Case?
- The team of attorneys at Liles White have extensive resources at their disposal that they can use to fully investigate every wrongful death claim they take.
- Our personal injury law firm provides compassionate assistance to grieving families. Our attorneys are always available to provide updates and answer questions.
- We fully prepare every single New Mexico wrongful death case for trial so that we are ready for any possible outcome as we lookout for the best interests of our clients.
How Will a New Mexico Wrongful Death Attorney Help?
Wrongful death claims can become incredibly complex and time-consuming. Most families and representatives of estates do not have the resources necessary to fully investigate the cause of death and prove liability. However, a New Mexico wrongful death lawyer can:
- Obtain all evidence needed to prove liability
- Handle all communication and negotiations with the insurance company or other parties involved
- Work with trusted economic and financial experts to properly calculate the total losses
- Prepare to take the case all the way to trial, if necessary to ensure that families and estates are adequately represented
What Does Wrongful Death Mean?
When we turn to New Mexico Statutes section 41-2-1, we can see that wrongful death is specifically defined as a death that is “caused by the wrongful act, negligent or default of another.” In general, we will find that wrongful death claims arise in various ways throughout New Mexico. The wrongful death lawyers at Liles White have helped families and estate representatives of those who have lost their lives due to the following:
- Motor vehicle accidents
- Commercial truck accidents
- Bicycle accidents
- Pedestrian accidents
- Workplace accidents
- Construction accidents
- Drunk driving accidents
- Medical malpractice incidents
- Defective product incidents
This is certainly not an all-inclusive list of the ways that wrongful deaths occur in New Mexico. We strongly encourage you to reach out to an wrongful death lawyer at Liles White so we can discuss the factors related to your particular situation.
Who Can File for Wrongful Death in New Mexico?
Each state in the U.S. has a slightly different definition of who can file these type of personal injury claims. In New Mexico, all wrongful death claims must be filed by the personal representative of the deceased’s estate. Often, we find that the personal representative will be a person named in the deceased’s estate plan.
While the personal representative will be responsible for filing the wrongful death claim, the damages awarded as a result of a successful case will be held by the estate for the benefit of various surviving family members and dependents of the deceased. New Mexico specifies that damage awards will be divided in the following ways:
- If there is a surviving spouse and no children involved, then the spouse will receive all of the damages.
- If there is a surviving spouse and there are also one or more children or grandchildren, then the damages awarded will be divided. One-half will go to the spouse, and one-half will go to the children or grandchildren.
- If there is no surviving spouse, but there are surviving children or grandchildren, then the damages awarded will be divided amongst the children or grandchildren. The division will be done according to New Mexico’s “right of representation” laws.
Read more from our attorneys on who can file a wrongful death lawsuit in New Mexico.
How Much Compensation is Available for a New Mexico Wrongful Death Claim?
There is no set amount of compensation awarded to family members or estates after a wrongful death occurs in New Mexico. In the event plaintiffs are successful in a wrongful death claim, there are various factors that can affect how much compensation is awarded. These factors include the deceased’s age, occupation, salary, etc. Additionally, the courts will also look at whether or not there was any shared fault for the incident.
Some of the main types of compensation that our New Mexico wrongful death attorneys at Liles White help clients secure include the following:
- Reasonable funeral and burial expenses
- Medical bills related to the deceased’s last injury or illness
- Pain and suffering the deceased endured before their death
- Mental anguish caused by the loss of a parent, spouse, or child
- Loss of companionship of the deceased family member
- Loss of financial contributions to the household that the deceased would have provided
- Loss of inheritance the deceased would have provided
For some wrongful death claims in New Mexico, punitive damages may be available. These types of damages are reserved for incidents where the conduct of the at-fault party was deemed to be egregious, grossly negligent, or intentional.
Time Limit to File a Wrongful Death Lawsuit in New Mexico
Under New Mexico law, wrongful death claims must be filed within three years from the date of the deceased person’s death. In general, any wrongful death claim filed after this three-year period will leave the family or estate unable to recover the compensation they are entitled to. However, there are various factors that could pause (or toll) the three-year statute of limitations. We encourage you to reach out to an attorney to discuss the factors related to your particular situation.
Call a New Mexico Wrongful Death Attorney Today
If you have lost a loved one due to the negligent or intentional actions of another individual, business, or entity, please reach out to our team of wrongful death lawyers at Liles White as soon as possible. We have a track record of success helping family members and estate representatives secure the closure and compensation they need. Our compassionate and experienced New Mexico wrongful death attorneys are standing by to take your call today. You can contact us for a free consultation of your personal injury claim or by calling (361) 826-0100.