If someone you love dies because of another person’s careless mistake or wrongful act, your family may be eligible for financial compensation through a New Mexico wrongful death case. To recover compensation, however, you must prove negligence using strong supporting evidence. Understanding negligence and how to prove fault is critical for the success of your claim.
What Is Negligence in Relation to a Wrongful Death Claim?
Negligence is a legal doctrine that describes an individual or entity using less than the correct or standard amount of care for the situation. If a reasonable and prudent person would have done something differently in the same or similar circumstances to prevent the victim’s death, this is a sign of negligence.
Many examples of negligence could result in a critical and ultimately fatal injury to one or more victims. In New Mexico, wrongful death cases are commonly filed after deadly car accidents, workplace accidents, falls, medical malpractice and defective product incidents. If someone was negligent, careless, reckless or malicious in relation to a death, a wrongful death claim can likely be filed.
Four Elements of Negligence
For negligence to be established in a wrongful death case, there generally must be evidence of four main elements:
- Duty of care: the accused party or defendant owed the victim a responsibility or legal obligation to act with reasonable care to prevent injury or death.
- Breach of duty: the defendant committed an act or omission that fell short of the duty of care, such as a driver violating traffic laws or a doctor breaching safety protocols.
- Causation: the defendant’s failure to act with proper care caused or significantly contributed to the death of the victim.
- Damages: Surviving family members suffered compensable losses because of the death, such as funeral and burial costs or lost financial support.
Note that negligence is not the same as intentional acts, such as criminal assault or homicide. Whether or not someone intended to kill your loved one, you may have grounds for a wrongful death case in New Mexico if the accident qualifies as negligence.
What Is the Burden of Proof in a New Mexico Wrongful Death Case?
The burden of proof refers to the standard of evidence that needs to be met for a jury to rule in the plaintiff’s favor and hold a defendant liable (legally and financially responsible) for a death. The burden of proof in personal injury law always rests with the plaintiff, meaning it is the filing party’s responsibility to prove the claim being made.
Typically, this burden of proof falls to the personal representative of the deceased person’s (decedent’s) estate, as this is the only party with the right to file a wrongful death claim under New Mexico law. Individual family members cannot file directly. Instead, the personal representative or administrator of the estate files on behalf of all eligible beneficiaries.
The burden of proof that must be met is “based on a preponderance of the evidence,” which means proof that the claim is more likely to be true than not true. This is a lesser burden of proof than “beyond a reasonable doubt,” which applies in a criminal case. This is why the same defendant can be found not guilty of a crime in relation to the death, yet still be found liable in a wrongful death claim.
Common Types of Evidence to Prove Negligence
For a wrongful death claim to succeed and result in financial compensation for grieving family members, the plaintiff or plaintiff’s attorney must prove negligence using compelling evidence. The stronger the evidence, the higher the odds are of a jury ruling in the plaintiff’s favor.
Common types of evidence used in wrongful death cases include:
- Accident reports
- Medical records or a coroner’s report
- Death certificate
- Employer records
- Witness statements
- Photographic or video evidence
- Physical evidence from the scene of the accident
- Expert testimony
The evidence must demonstrate the four elements of negligence, proving that one or more defendants are at fault for causing the decedent’s death. It’s important to gather evidence as early as possible, before key items get lost, altered or destroyed.
What if Multiple Parties Are at Fault?
In New Mexico, if more than one party shares fault in a wrongful death case, each defendant will be responsible for his or her own percentage of liability for the accident. For example, if one defendant is 40 percent liable and the settlement awarded is $100,000, that defendant’s liability would be limited to $40,000.
If the decedent also shares the blame, New Mexico’s pure comparative negligence law still allows family members to receive compensation. However, the amount awarded will be diminished in proportion to the decedent’s percentage of fault.
What Role Do Wrongful Death Lawyers Play in Proving Negligence?
A successful wrongful death case in New Mexico takes clear, strong and compelling evidence that proves legal responsibility. It can be difficult to gather and present enough evidence on your own, especially while also grieving the loss of your loved one.
An experienced wrongful death attorney can take many steps to help build your claim and secure your family the financial compensation it deserves. At the Fine Law Firm, we have the resources to conduct a thorough investigation, gather and preserve evidence of negligence, negotiate with insurance companies, and prove fault in court, if necessary. Your lawyer can hire expert witnesses and hold one or more defendants accountable while you focus on healing.
One considerable benefit that comes with hiring an attorney is having a qualified negotiator handling insurance companies and their claims adjusters for you. Insurance companies try to protect their bottom lines by avoiding payouts as much as possible. They may shift the blame to the deceased person or to someone else. A wrongful death attorney can combat these tactics and back your case with powerful evidence and legal arguments.
Contact The Fine Law Firm for a Free Case Review in Albuquerque
Negligence is a complex legal doctrine with several related laws that are unique to New Mexico. Navigating these laws and successfully proving negligence in your loved one’s wrongful death case is easier with help from a qualified attorney.
At The Fine Law Firm, we have been representing individuals and families in wrongful death cases in New Mexico since 1975. Our attorneys have over 100 years of combined experience in this practice area. Discuss your particular wrongful death case with our attorneys today when you contact us for a free consultation.