The more you know about what to expect from a wrongful death claim in New Mexico, the more confident you and your family can be during the legal process. One important distinction to be aware of is settlement vs. litigation. Although most wrongful death cases are resolved through settlements, some may end up in court – especially if there is a dispute.
Can a Wrongful Death Claim Be Settled Out of Court?
Yes, a wrongful death claim can be settled or resolved outside of court. This is the more desirable option in most cases, as a settlement takes less time and money than a wrongful death court trial. Settlements also remain within the control of the parties involved, while the outcome of a trial is decided by a judge or jury.
How Does Wrongful Death Settlement and Litigation Work?
A settlement is a binding legal agreement between an insurance company and a claimant to release the defendant from any further liability for a fatal incident in exchange for an agreed-upon amount of money.
A settlement takes place outside of court and may or may not involve types of alternative dispute resolution, such as mediation or arbitration. Many settlements involve offers and counteroffers going back-and-forth between the client and insurer to negotiate a fair agreement.
Litigation, on the other hand, is a wrongful death lawsuit that goes to court. It is a court trial where both sides of the case will present evidence and question witnesses before a judge and jury in a New Mexico courtroom. At the conclusion of the trial, the court will decide whether or not the defendant should be held liable (legally responsible) for the death.
What Needs to Be Proven During Wrongful Death Litigation?
When a wrongful death case goes to court, the burden of proof that must be met is a “preponderance of the evidence,” which means that a claim is true with at least a 51 percent certainty. The elements that must be proven depend on the foundation of the claim.
Most cases are based on negligence, or someone’s failure to act with proper care. Proving negligence requires evidence of a breach of the duty of care, meaning an act or omission that the defendant should not have made.
What Determines Whether a Wrongful Death Case Settles or Goes to Trial?
Many factors can influence whether a wrongful death claim is resolved via settlement or has to end up in court in New Mexico. An experienced wrongful death attorney can recommend the right legal route for a family based on the individual circumstances surrounding the case.
Common reasons why wrongful death settlements cannot be reached include:
- Liability disputes that cannot be resolved
- Multiple defendants or the comparative negligence defense
- Unreasonably low settlement offers by the insurance company
- A wrongfully denied claim
- Insurance company bad faith
- Complicated or highly technical claims, such as medical malpractice
While litigation has certain drawbacks, it might be the right choice for a family if there is a dispute or other issues, as it could lead to greater financial compensation than a settlement. Litigation can result in pain and suffering damages, for example, or punitive damages awarded to punish the defendant for causing the death through malice (intent to harm) or recklessness.
Average Wrongful Death Settlement in New Mexico
There is no average or typical settlement for a wrongful death claim in New Mexico. Settlement values can vary significantly, from $50,000 or less to multiple millions. Rather than seeking an “average” amount, you should learn the true value of your claim by contacting a wrongful death attorney before heading into settlement negotiations with an insurance company.
Insurance companies do not wish to offer maximum settlements on wrongful death claims. They want to protect their bottom lines by offering lowball settlements and even denying claims. A lawyer, on the other hand, wants your family to achieve maximum compensation for the death of a loved one. You can trust the value a lawyer assigns to your wrongful death claim.
Who Can File a Wrongful Death Lawsuit in New Mexico?
In New Mexico, family members cannot file a wrongful death claim. This privilege is granted only to the personal representative or executor of the deceased individual’s estate. This person may be named in the decedent’s will or appointed during probate court. The personal representative files the lawsuit on behalf of all eligible beneficiaries.
What Is the Deadline to File a Wrongful Death Lawsuit in New Mexico?
In New Mexico, a law known as the statute of limitations places a filing deadline of three years on most wrongful death claims. The clock on the statute of limitations starts counting down on the date of the decedent’s death. This may differ from the date of the harmful accident or event.
Note that there can be exceptions in special circumstances, such as a claim against the government or a claim that is temporarily paused due to pending criminal charges against the same defendant.
How Long Will Wrongful Death Litigation Take?
As a general rule, wrongful death litigation will take longer than reaching a settlement. Although case timelines vary, the average wrongful death settlement can take anywhere from 6 to 12 months or longer. Litigation, on the other hand, can take one to two years or longer in New Mexico.
The timeline of a wrongful death claim will depend on factors such as the complexity of the case, how long the discovery period takes, whether there is a liability dispute, whether the case has to head to trial, the cooperativeness of the insurance company, the value of the claim and the availability of the courthouse.
Do I Need an Attorney for Wrongful Death Settlement or Litigation?
Although individuals in New Mexico have the right to handle wrongful death claims without legal representation, this is not recommended. Unless you have legal experience, navigating and handling a wrongful death claim alone can be overwhelming. Insurance companies have legal teams prepared to combat liability and minimize claim settlements wherever possible.
An attorney, on the other hand, will be sworn to protect your family’s best interests. You can trust your attorney at the Fine Law Firm to act only in your favor during insurance settlement negotiations or court trial litigation. Wherever your case leads, you can count on your wrongful death attorney to navigate it with care and a commitment to your success.
If you encounter challenges or complications during your New Mexico wrongful death claim, it is especially important to contact an attorney. If your case involves litigation, you need a qualified trial lawyer representing your interests. Hiring a lawyer will improve your odds of holding someone responsible for the death of your loved one and maximizing your case results.