Losing someone close to you in an unexpected accident is a tragedy that can be extremely difficult to overcome. If you have reason to believe that someone else is responsible for causing the fatal injury or illness, your family may be able to file a wrongful death claim in pursuit of justice. Learn what to expect during a wrongful death lawsuit in New Mexico to prepare for what comes next.
Initial Case Evaluation With a Wrongful Death Lawyer
Most wrongful death cases in New Mexico begin with a consultation between one or more surviving family members and a qualified local wrongful death attorney. The initial consultation, which is free at The Fine Law Firm, gives the family the opportunity to express their concerns to a knowledgeable lawyer and receive personalized legal advice about their options.
During the consultation, you are free to ask any questions you may have about the claims process. A lawyer will answer legal questions based on your individual circumstances and guide your family toward the right route forward.
There are many benefits to hiring an attorney for the legal process of a wrongful death claim. Doing so will give your family a strong legal advocate to handle insurance settlement negotiations or a wrongful death trial in New Mexico on your behalf. You can trust an attorney to fight for maximum compensation while you grieve and heal.
Fatal Accident Investigation
Before a wrongful death lawsuit can be filed, the defendant(s), or allegedly responsible party, must be identified. This requires a thorough investigation of the fatal accident. The investigative process will examine available evidence to determine how and why the death occurred.
Most investigations involve evidence such as police reports, eyewitness statements, accident reconstruction, photographs and videos, medical records, and physical evidence. Investigators will piece together how the death occurred and whether it reasonably could have been prevented. This will help identify the responsible party/ies.
Appointment of the Personal Representative
In New Mexico, state law only allows the personal representative of the deceased person’s (decedent’s) estate to file a wrongful death claim. This person may be in the decedent’s estate plan. Otherwise, he or she may be appointed by the courts during a legal process known as probate. The representative is typically a close adult relative of the decedent, such as a surviving spouse, parent or adult child.
Evidence Collection and Claim Building
After a plaintiff has been appointed, the case will need to be built using supporting evidence. An attorney can come up with a creative legal strategy to prove that the defendant is liable, or legally and financially responsible, for the deceased person’s death.
Most wrongful death claims in New Mexico rely on the legal doctrine of negligence. If someone is negligent, they fail to exercise ordinary care. The goal of the wrongful death lawsuit is to show that the defendant is more likely than not responsible for causing the death, and should therefore be held liable.
Filing the Lawsuit by the Deadline
In New Mexico, the statute of limitations or filing deadline on a wrongful death claim is typically three years from the date of the decedent’s death. A lawsuit must be filed within this time limit for the courts to view it as valid. An attorney can fill out and file the required paperwork before your family’s window of time closes.
A wrongful death lawsuit is a civil cause of action, not a criminal case. Therefore, the paperwork will be filed at the civil courthouse in the county where the personal representative resides. The initial claim will name the defendant, summarize the key facts of the case, and list the amount of damages or financial compensation being sought by the representative to be made whole again.
Settlement or Trial Preparation
When a defendant’s insurance company receives a wrongful death claim, it has the option of offering a settlement to resolve the legal dispute without going to trial. The plaintiff can either negotiate and accept a fair settlement from the insurer or bring the case to trial, if necessary, for a just case outcome.
The majority of wrongful death claims in New Mexico reach settlements. If the insurer refuses to offer a settlement, however, the case will be prepared for trial by a litigation attorney. Trial preparation generally involves the discovery process, or the exchange of evidence and information between the parties involved.
Wrongful Death Trial
If a wrongful death claim has to go to trial, it will begin with jury selection. The attorneys for both sides will have the opportunity to ask prospective jurors questions to narrow down the pool of candidates.
A typical wrongful death trial consists of the following parts:
- Opening statements are made by the attorneys representing both parties.
- The plaintiff’s attorney presents evidence and witness testimony.
- The defense cross-examines the plaintiff’s witnesses, if desired.
- The defendant presents their evidence and testimony to refute the claim.
- The plaintiff’s attorney cross-examines witnesses for the defense, if desired.
- Both sides give closing arguments summarizing the evidence provided.
- The jury receives their instructions from the judge and enters into deliberations.
- The jury gives a verdict.
The plaintiff has the burden of proof during a wrongful death lawsuit, meaning they must establish the claim being made as more likely to be true than not true (a “preponderance of the evidence”). If the jury sides with the plaintiff, the defendant will be held liable and required to pay the plaintiff an amount chosen by the jury to resolve the legal dispute.
Post-Trial Processes
If the case is successful for the plaintiff, compensation may be awarded to cover reasonable funeral and burial costs, lost income and inheritance, final medical bills, loss of consortium, pain and suffering, and various other damages.
Any funds collected from a wrongful death settlement or jury verdict in New Mexico are distributed to surviving beneficiaries or heirs either according to the deceased person’s will or the state’s laws of intestate succession.
The post-trial process may also involve an appeal filed by either party. Your attorney may file an appeal, for instance, if a material error was made during the case. Any appeals filed can lengthen the timeline of a wrongful death lawsuit.
If you’re ready to discuss a potential wrongful death lawsuit with an experienced attorney in New Mexico at no charge or obligation, contact us today at (505) 494-1646 for your free initial consultation.