The evidence needed in a wrongful death claim in New Mexico includes proof of death, the defendant’s liability or fault, causation for the fatality, damages suffered (financial and emotional losses), and the authority of the personal representative to bring the claim. Gathering key evidence in a timely manner is critical for your wrongful death case.
Evidence of Negligence or Liability
Wrongful death cases in New Mexico require evidence of the legal grounds on which the claim is being brought. The most commonly used legal doctrine is negligence. If someone is negligent, it means they did not use the amount of care that a reasonably prudent party would have in the same circumstances.
Evidence of negligence needs to establish four legal elements:
- Duty of care, or a responsibility the accused party (defendant) had to prevent foreseeable harm from befalling the victim.
- Breach of duty, or an act or omission that violated the defendant’s duty of care. This could be a crime, such as homicide, but it can also be an unintentional mistake.
- Causation, or a provable connection between the defendant’s breach of duty and the death of the deceased person (decedent)
- Damages, or compensable losses suffered by the filing party (plaintiff), such as funeral expenses or pain and suffering.
A wrongful death claim in New Mexico can also be filed on the grounds of strict liability, breach of warranty or fraud. Evidence to prove liability in a wrongful death claim may include police reports, accident reports, autopsy reports and medical records, documentation of the accident scene, photographs and videos, digital evidence, physical evidence, and eyewitness statements.
Evidence of Damages
To have grounds for a wrongful death claim, there needs to be proof of damages or losses suffered by the plaintiff. The deceased person’s heirs or beneficiaries must have suffered compensable losses because of the death, such as:
- The costs of a funeral or burial service
- Final medical bills from the critical injury or illness
- Lost income and employment benefits the decedent would have earned
- Loss of consortium, or the decedent’s companionship, care and guidance
- The family’s emotional suffering or mental anguish
- The pain and suffering the decedent endured prior to death
- Punitive damages to punish the defendant for wrongdoing, if applicable
The plaintiff must provide supporting evidence of damages to collect compensation for them. Examples of evidence include bills, receipts, wage and tax statements, mental health care documentation, pain journals, and witness testimony.
Evidence of Legal Standing
Finally, the plaintiff needs to provide evidence that he or she has the legal authority to file a wrongful death claim. In New Mexico, only the personal representative of the deceased person’s estate may file a wrongful death lawsuit. There needs to be proof showing that the personal representative has officially been appointed in this capacity by the decedent’s estate plan or the courts.
Your family does not have to gather evidence or prove your wrongful death case alone in New Mexico. An attorney from the Fine Law Firm can help you fulfill all of the legal requirements for a successful case. Contact us today for a free initial consultation.