If you have suffered the death of someone close to you in an unexpected accident in Los Lunas, your family may be eligible for financial compensation. Filing a wrongful death claim against a negligent or at-fault party can give your loved one a voice in the civil justice system. It can also provide your family with important financial relief during this difficult time.
The Fine Law Firm is a premier personal injury law firm with highly experienced wrongful death attorneys. Our Los Lunas personal injury attorneys are prepared to help your family navigate the legal process with personal care and attention every step of the way. When you’re ready for your free, zero-obligation consultation, contact us at (505) 889-FINE.
Why Families in Los Lunas Can Count on The Fine Law Firm
- We treat all of our clients with the utmost care, respect and compassion. We will handle your case the way we would want our own family member’s claim to be handled.
- Our law firm has a statewide reputation as leaders in personal injury law. We have a long track record of success, with millions of dollars secured on behalf of our clients.
- You won’t owe your Los Lunas wrongful death lawyer anything unless your case ends in financial compensation. We charge nothing upfront.
What Can a Wrongful Death Attorney Do?
Even in the wake of a devastating event that took your loved one’s life, an insurance company’s number one goal will be to protect its own profitability. This can lead to difficulties for your family when trying to recover fair compensation for the irreplaceable loss of a relative.
Hiring a wrongful death attorney gives your family an important advantage during insurance claim negotiations or a wrongful death trial in Los Lunas. A lawyer will be committed to protecting your family’s rights, future and interests for the duration of your wrongful death case.
While you focus on your own grief and trying to recover, your lawyer can investigate the wrongful death, determine who is liable, go up against one or more responsible parties, negotiate a settlement with an insurance adjuster, and represent your family in court, if necessary. Your lawyer will aggressively pursue a positive case outcome with a smart legal strategy.
What Is a Wrongful Death Claim in New Mexico?
According to New Mexico’s Wrongful Death Act, a legal cause of action can be brought in pursuit of financial compensation or damages when the actions (or omissions) of another person result in someone’s death.
New Mexico Statutes Annotated (NMSA) §41-2-1 states:
- Whenever the death of a person shall be caused by the wrongful act, neglect or default of another…and is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured.
Under this statute, if a deceased individual would have had the right to file a personal injury claim in New Mexico had he or she survived the incident, a personal representative now has the right to file a wrongful death claim on behalf of the decedent.
What Accidents Can Lead to a Wrongful Death Case in Los Lunas?
Any fatal accident that is traced back to another person or party failing to act with the proper amount of care could culminate in a wrongful death claim in New Mexico.
Common examples include:
- Motor vehicle accidents
- Medical malpractice
- Premises incidents
- Serious falls
- Unintentional drownings
- Dog attacks
- Defective product accidents
- Workplace accidents
- Toxic exposure
- Criminal acts of violence
Unlike a criminal case, it is not necessary to prove that a defendant wanted to injure or kill the decedent. Rather than having to prove malice or intent, it is enough to show negligence.
Who Can File a Wrongful Death Claim in Los Lunas?
In many states, surviving family members have the right to file a wrongful death claim following the passing of a close relative. In New Mexico, however, the law only grants this right to the personal representative of the deceased person.
The personal representative, also known as an executor or administrator of the estate, is someone designated either by an estate plan or the courts to handle the administration of the decedent’s assets. It is often a close family member or legal representative.
The personal representative will represent the deceased person during claim negotiations or in court. Any damages collected from the wrongful death claim will be distributed to the beneficiaries of the estate. This often includes a surviving spouse, surviving children, parents and siblings. Damages will be distributed according to NMSA §41-2-3.
When Does a Wrongful Death Claim Have to Be Filed in New Mexico?
Under New Mexico’s wrongful death statute of limitations (N.M. Stat. §41-2-2), a legal cause of action for the death of a loved one must be brought no later than three years from the date of the deceased person’s death. If the representative waits too long and a claim is not filed before the expiration of the statute of limitations, the courts will most likely bar the plaintiff’s lawsuit.
Damages Awarded in Los Lunas Wrongful Death Cases
At The Fine Law Firm, we know that filing a wrongful death claim is about much more than the money. We believe families deserve justice and to hold someone accountable for causing an untimely death. However, we also acknowledge the mental peace that can come from gaining a fair settlement or jury verdict.
Your family may be entitled to financial compensation for losses such as:
- Funeral and burial expenses
- Final medical bills
- Lost wages and future financial contributions
- Lost inheritance
- Emotional distress, grief and other non-economic damages
- Lost value of life
- Punitive damages, in some cases
With our lawyers advocating for your family’s rights, you can trust that we will aggressively pursue maximum compensation for the irreplaceable loss of your loved one’s life. We understand what greater financial security and stability can mean for your family, especially after the death of a breadwinner.
Contact Us for a Free Wrongful Death Case Consultation in Los Lunas, New Mexico
We are truly sorry if you have to contact us after the wrongful death of a loved one in Los Lunas. However, we want you to know that our legal team at the Fine Law Firm is here to take over your case and seek the best possible results for your family. We want to achieve justice for your loved one as much as you do. Please contact us today for more information. Initial consultations are always free.