If an insurance company denies liability in a New Mexico wrongful death case, you’ll need to file a lawsuit, build stronger evidence and potentially bring a bad-faith claim against the insurer in addition to the wrongful death claim. It is important to involve a wrongful death attorney in Albuquerque if your claim has been denied.
Settlement vs. Wrongful Death Lawsuit
Most personal injury and wrongful death cases that are filed in New Mexico reach settlements, or private agreements made outside of court between an insurance company and a claimant to resolve the legal dispute. However, a percentage of cases that cannot reach settlements have to proceed to trial.
A settlement is often preferred to a court trial, as it is faster and costs less for the involved parties. Unfortunately, insurance companies are not always reasonable, honest or fair when processing wrongful death claims. Insurance companies turn a profit by rejecting claims as often as possible, both for valid and invalid reasons.
If the insurance company you are attempting to hold liable or financially responsible for your loved one’s death rejects your claim or refuses to offer a fair settlement, your next legal option is to file a wrongful death lawsuit directly against the defendant.
How to Prepare for a Wrongful Death Lawsuit
A wrongful death trial in New Mexico is initiated with the filing of a lawsuit in the correct civil courthouse, typically in the county where the incident occurred or where the deceased person resided. This will begin a formal legal battle, where the filing party or plaintiff must prove the defendant’s fault in court. This is typically synonymous with proving negligence.
The four elements of negligence that must be proven are:
- The defendant owed a duty of care to the deceased person, meaning a responsibility to act with a certain amount of care to prevent harm or injury.
- The defendant breached or violated his or her duty of care, or did not act in a way that a reasonable and prudent party would have in the same circumstances.
- The defendant’s negligent act or omission directly or proximately caused the decedent’s death.
- Surviving family members suffered compensable losses as a result of the death.
If an insurance company denies liability for a wrongful death claim, you will need to gather more evidence to prove your case when it goes to court. New or stronger evidence may change the insurance company’s decision and resolve your case prior to trial. If not, the right types of evidence will give you greater odds of winning your wrongful death lawsuit.
How Can a Wrongful Death Attorney Help?
Preparing for court litigation is something that an experienced wrongful death attorney can help you with. At Fine Law Firm, your lawyer can determine why your claim was denied, collect evidence to prove liability, hire relevant experts to testify and represent your family in court to achieve the best possible results.
If there is evidence that an insurance company is acting in bad faith, meaning they are acting dishonestly or unfairly, your attorney can file a separate claim against the insurer in pursuit of additional financial damages. Whether your wrongful death case requires negotiation, mediation or a trial, the right attorney can help you achieve justice.