A 17-year-old Lovington student was killed after the student fell out of a moving vehicle on school grounds. A local news report explained that the lawyer for the family filed a suit in federal court. They are alleging that the Lovington School District was negligent because they did not supervise a parking lot that they knew was dangerous.
The family’s attorney explained that the school knew that the parking lot was dangerous, and even after they were told about the problem they did not fix the condition. Furthermore, the complaint alleged that the school did not have any security officers in the parking lot. The principal of the school reportedly explained that staff attempted to direct traffic in the parking lot, but they were told that the district was immune from any liability if they hurt themselves while conducting the traffic. Apparently, the family is suing the district for more than $2.5 million in legal fees and damages.
Who Can File a Wrongful Death in New Mexico?
New Mexico law on wrongful death explains that a representative of a deceased person’s estate can file a wrongful death claim. Many times, this representative will be named in a will. Some common examples of a representative are an adult sibling, parent, or surviving spouse. In some situations, if no one else can be found, a court will assign the estate a representative.
Any damages award will go to surviving family members. This person (or people) is not necessarily the estate representative. New Mexico has a pre-determined distribution if no will specifies something different. First, if there are no children but a surviving spouse, the damages will go to that person. If there are children and surviving spouses, half of the damages go to the spouse and the other half is divided among the children or grandchildren. If there are only children but no spouse, the damages are divided among them. In some situations, the deceased individual has no spouse or children, in which case the damages will go to the parents. If the parents are deceased as well, the damages will go to the deceased person’s siblings.
Has a Loved One Been Killed by the Negligence of Another?
The Fine Law Firm has over 100 years of combined experience in handling personal injury and wrongful death suits in both state and federal court. If you have been injured by the wrongful and negligent actions of another, or if a loved one has been killed, you may be entitled to compensation for your injuries. This may include amounts for medical expenses and compensation related to burial and funeral expenses. Some further damages include lost of companionship, loss of inheritance, mental anguish, and pain and suffering. Wrongful death suits can be very complicated and often involve many parties and compliance with mandatory deadlines and filings. Contact one of our experienced attorneys at the Fine Law Firm by calling 505-889-FINE today to schedule a free initial consultation.
More Blog Posts:
Sleeping Driver Responsible for Fatal Lea County Accident, New Mexico Truck Accident Lawyer Blog, November 9, 2014.
Investigation Continues into Semi-Truck Crash that Killed Four Texas Student Athletes, New Mexico Truck Accident Lawyer Blog, October 13, 2014.