Damages are awarded in wrongful death cases to financially compensate the victim’s family as a form of justice against the at-fault party, or defendant. Punitive damages are sometimes granted in addition to compensatory damages to punish a defendant for particularly negligent or wrongful acts.
Punitive damages are much less common than compensatory damages. If your family wishes to seek punitive damages for especially wrongful conduct by a defendant in New Mexico, it is in your best interest to hire a wrongful death lawyer in Albuquerque to help you prove your eligibility and assert your claim.
What Damages Are Available in a New Mexico Wrongful Death Case?
A wrongful death claim can be filed in the pursuit of justice for a death that is caused by someone else’s wrongdoing or negligence. While no amount of money can make up for a loss of human life, fair compensation can make it easier for a family to move forward. A settlement or judgment award can enhance financial peace of mind during a difficult time.
Compensatory damages for a wrongful death claim in New Mexico may include:
- End-of-life medical expenses
- Funeral and burial costs
- Lost income and financial support
- Loss of consortium (affection, companionship, counsel, etc.)
- Non-economic damages, such as emotional distress
When financial compensation is awarded in a wrongful death case, these damages will be distributed to eligible beneficiaries as defined by New Mexico’s laws of intestate succession. Typically, this includes a surviving spouse, child and parents.
What Are Punitive Damages?
Punitive damages can significantly increase a settlement or jury verdict in a New Mexico wrongful death case. Punitive damages are an additional type of award granted to penalize the defendant rather than make the victim whole again. The purpose of punitive damages is to punish a party in the hopes of preventing similar conduct in the future that could harm others. It also sends a message to the rest of the community that such misconduct has consequences.
When Are Punitive Damages Awarded in New Mexico?
A punitive damage award will only be available in a New Mexico wrongful death case if a judge deems it appropriate to impose an additional penalty on the defendant due to especially egregious acts of wrongdoing.
Under state law, punitive damages may be awarded if the defendant is guilty of:
- Gross negligence. Extreme examples of negligence, such as knowingly ignoring an obvious safety hazard or practicing medicine without a license.
- Reckless or wanton actions. Acts or behaviors that display a flippant disregard for the safety or health of others, such as drunk driving or reckless corporate misconduct.
- Malicious intent to harm. Willful or knowing acts of wrongdoing intended to harm another person, such as physical assault, sexual assault or homicide.
- Fraud. Fraudulent acts or attempts to cover up the defendant’s culpability for the fatal accident, leading to the delayed discovery of negligence.
Proof or evidence of these acts of wrongdoing can qualify a plaintiff for punitive damages in addition to compensatory damages in New Mexico. In these situations, a judge may grant a punitive damage request as a form of justice for victims as well as to serve the broader purpose of condemning harmful conduct within the community.
How to Prove a Punitive Damage Claim
The burden of proof in a personal injury claim is “based on a preponderance of the evidence,” meaning there needs to be enough evidence to show that the claim being made against the defendant is most likely to be true. However, punitive damages come with a greater burden of proof. To receive a punitive damage award, the injured person must prove eligibility using “clear and convincing evidence.”
This burden of proof means you or your personal injury attorney in Albuquerque must build a strong case using evidence such as:
- Accident reports
- Photographs and videos
- Eyewitness statements
- Documentary evidence
- Criminal convictions or traffic citations
- Safety reports and evidence of violations
- Expert testimony
It is up to a jury to decide if the plaintiff has met the burden of proof to be awarded punitive damages. This award is rare due to the high standard of evidence. If the burden has been met, the jury has discretion over how much to award in punitive damages.
How Do Courts Determine the Amount of Punitive Damages?
Applicable factors in a punitive damages calculation include the severity of the victim’s injuries and the nature of the defendant’s actions. If gross negligence or recklessness results in the death of an individual, punitive damages are more likely to be awarded. The seriousness of the defendant’s misconduct and whether it was a repeated or isolated event can also play a role.
Is There a Cap on Punitive Damages in New Mexico Wrongful Death Cases?
No, there is currently not a cap or limit on the amount of punitive damages that can be awarded in a wrongful death case in New Mexico. The only damage caps in place are on non-economic damages (pain and suffering) in medical malpractice cases. A jury can award as much compensation in punitive damages as it deems appropriate based on the evidence provided.
The Importance of Using an Attorney to Fight for Punitive Damages
Working with a wrongful death attorney in New Mexico can help your family obtain the full amount of financial compensation you deserve for the preventable death of a loved one. Your attorney will seek full damages using smart legal strategies and aggressive negotiations. If a claim for punitive damages is appropriate, you can trust your lawyer to assert this claim and support it with relevant evidence.
When seeking punitive damages, expect pushback from the opposing party. Defendants and insurers will do whatever they can to avoid paying an additional amount in punitive damages, as it can significantly increase the amount they are ordered to pay in a wrongful death case. An attorney can help you handle the increased resistance and defenses put forth in response to a punitive damage request.
Contact The Fine Law Firm for a Free Wrongful Death Case Evaluation
At The Fine Law Firm, when litigating wrongful death cases, our attorneys often assert claims for punitive damages on behalf of grieving family members. We can help you recognize signs of gross negligence and search for strong evidence, including hiring experts for testimony. We have years of trial experience and can provide powerful court representation as your team of wrongful death attorneys.
For more information about punitive damages in relation to your wrongful death claim in Albuquerque, contact us for a free consultation.