The death of a loved one in a sudden tragedy, such as a fatal car accident or workplace disaster, in Albuquerque can be extremely difficult to come to terms with. Filing a wrongful death claim in Albuquerque can hold someone accountable for causing the death and provide your family with the financial compensation it needs and deserves during this difficult time. Take the following steps to initiate a claim.
Gather Information
New Mexico’s definition of wrongful death under N.M. Statutes § 41-2-1 is a loss of life due to the “wrongful act, neglect or default” of another person. If you think you have a claim, you will need to collect information and evidence surrounding your loved one’s death to get started.
Do your best to obtain information such as:
- A police report
- Medical records
- A coroner’s report
- Accident scene photographs
- Surveillance footage of the accident
- Eyewitness statements
Anything relevant to how your loved one died and the losses your family has suffered as a result can be helpful. This information can determine whether you have grounds to file a wrongful death lawsuit in Albuquerque and provide basic evidence to support a claim.
Consult With a Wrongful Death Attorney
Contacting a wrongful death attorney in Albuquerque early on is the best way to gain a clear understanding of your rights, legal options and how to handle the process ahead. Unlike an insurance company, an attorney is someone you can trust to protect your best interests.
A lawyer will want your family to obtain justice and maximum financial compensation. Most wrongful death lawyers offer free initial consultations. Schedule a meeting to speak to a knowledgeable attorney about your unique situation at no cost or pressure to hire the law firm.
You can get answers to your legal questions and an honest opinion of whether your family needs to hire a lawyer for your specific case. Wrongful death claims with complexities such as multiple at-fault parties, a liability dispute or medical malpractice can generally benefit from legal representation.
Check the Statute of Limitations
A statute of limitations is an important law in New Mexico that limits the amount of time an individual has to file a wrongful death lawsuit. N.M. Statutes § 41-2-2 gives a deadline of three years from the date of death to file a lawsuit, with some exceptions. Make sure you are within your statute of limitations before proceeding with a case.
File the Lawsuit in Bernalillo County
Once you’re ready to file, your family will need to identify the personal representative of the deceased person’s estate. This may be someone who was named in a will or an individual who is appointed by the courts. Only the personal representative can file a wrongful death lawsuit in Albuquerque.
The process of filing involves submitting the required paperwork to the correct civil courthouse in Bernalillo County. For the City of Albuquerque, this is typically the Second Judicial District Court in Bernalillo County.
The initial complaint must contain key information such as the party being named as the defendant, the legal basis for the claim and the damages (financial compensation) being sought. Notice of the lawsuit must be served on the defendant to give him or her the chance to respond.
Negotiate a Settlement or Go to Court
Most wrongful death claims in Albuquerque reach settlements. If negotiation or mediation does not result in a settlement agreement, however, your family has the right to take the case to trial. In this situation, it is important to hire an attorney to represent you before a judge or jury. Hiring a lawyer improves your odds of success.