In Albuquerque, a wrongful death case is a type of civil lawsuit that can be brought if the death of a loved one results from someone else’s wrongful act or neglect. The goal is to bring an at-fault party to justice to provide surviving beneficiaries with financial compensation. Several common defenses may be raised by a defendant who wishes to avoid paying for a wrongful death claim in New Mexico. Since these defenses can be complex, it’s important to find an experienced wrongful death attorney who can counter these defenses effectively.
Lack of Negligence or Wrongdoing
Most wrongful death claims in New Mexico are based on the legal theory of negligence, or the failure of a defendant to act with proper care. As a defense, the defendant may argue that he or she acted in a way that a reasonably prudent person would have in the same circumstances.
Common defenses that follow this line of reasoning include:
- The defendant acted in self-defense (self-protection or the protection of others)
- The defendant did not breach his or her duty of care
- Someone else is to blame for the death (liability dispute)
- Questioning the cause of the fatal accident
- Blaming the death on a pre-existing injury or health condition
Responding to these types of defenses from insurance corporations requires evidence that proves the defendant’s fault or liability is more likely to be true than not true. Examples of evidence are police or incident reports, eyewitness statements, photographs and video footage, medical records, and expert testimony.
Liability Waiver or Assumption of Risk
If an individual passes away while engaging in activities that come with known risks or hazards, such as bungee jumping or rock climbing, the defendant will likely raise a defense such as “assumption of risk.” This can refer to an implied assumption of risk if potential injury or health hazards are obvious.
Assumption of risk may also refer to the decedent’s express knowledge of potential harm if the victim signed a release of liability waiver. It is important to know that the signing of one of these waivers does not automatically release a defendant from liability. Specific legal criteria must be met for this defense to be viable.
Comparative Negligence
The defendant may attempt to reduce the value of a wrongful death settlement or judgment award by assigning part of the blame to the deceased person for negligence or involvement in an unlawful act. Under New Mexico’s pure comparative negligence law, the victim can still recover partial compensation if he or she shares the blame with a defendant, but the compensation awarded will be reduced by an amount equivalent to the decedent’s fault.
Administrative Errors
Finally, a wrongful death claim in New Mexico could be challenged on the basis of alleged administrative or filing errors. This includes an insurance company arguing that the plaintiff has no legal standing to sue, the personal representative of the decedent’s estate was not properly appointed or that the statute of limitations (deadline to file) has expired.
When to Contact a Wrongful Death Lawyer
An experienced wrongful death attorney in Albuquerque can help you and your family combat any defense that is raised in your pursuit of justice. Hiring an attorney to represent your family is the most effective way to protect your rights and increase the likelihood of reaching a fair settlement. An attorney will know your adversary and how to hold them responsible for the death of your loved one.