Being in a situation where your loved one has passed away due to negligence is difficult. At FBD Law, a Las Cruces wrongful death lawyer will take the time to help clients understand their legal options in a situation such as this. We realize it is a challenging time that is going to require several key decisions to be made.
Our law firm will help guide you through the process and ensure you are on the right track immediately. For more on what stands out about our Las Cruces personal injury attorneys and why we are a good fit, it’s time to call us at (505) 305-1263.
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How is Wrongful Death Defined in the State of New Mexico?
The first thing that is going to happen in the state of New Mexico is figuring out whether or not the case is eligible for a wrongful death claim.
Some cases are going to be eligible and others will not.
At FBD Law, we will take the time to go through these details with you right away. There are specific actions that do fall under this category.
These actions can include:
- Medical Malpractice
- Faulty Engineering/Construction
- Driving Under The Influence
- Pedestrian Accident Fatality
- Contaminated Food/Sanitation Problems
- Nursing Home Abuse
- Improper Alcohol Service
By speaking to a Las Cruces wrongful death lawyer at FBD Law, you are going to learn more about whether or not your case comes under this category.
We will ensure you have a good understanding of each step and how to move forward with the legal process in New Mexico.
For more on what we can do, give us a call at (505) 305-1263.
Who is Qualified to File A Wrongful Death Claim in New Mexico?
There are two options available when it comes to filing a wrongful death claim in New Mexico.
The first option will be a loved one and/or personal representative that was assigned to the estate by the deceased. Both of these parties such as the children or parents can move forward with the legal claim.
The second option would be assigned by the court at the time of death to represent the estate. This representative might come from the individual’s extended family including spouses or siblings.
What Types of Damages are Recoverable?
Different types of damages are recoverable when it comes to a wrongful death claim.
You will have the ability to move forward with economic damages. These are damages that are based around specific bills (i.e. medical fees, prescription fees) that were paid out to care for the loved one.
Other damages can include non-economic damages, which would refer to the amount of stress and/or anxiety everyone had to go through during the process including the deceased.
For more on what the process entails and what you can claim, give us a call at (505) 305-1263.
Can the Surviving Family File For Punitive Damages?
All punitive damages that are processed in New Mexico will go through the judge.
They will look at the case details and determine whether or not there was gross negligence that broke the law in-state.
If so, they are likely to hand out additional punishment in the form of jail time and/or fines.
How is Negligence Proved in a Wrongful Death Case?
It all starts with the party’s duty of care in the situation. This can involve something as simple as a caregiver at the local nursing home not following legal protocols when caring for your loved one. If this is proven, it is possible to move forward in analyzing the case for negligence if that duty wasn’t followed properly.
One of the key aspects of proving negligence is to demonstrate whether or not there was a breach of duty of care. This means the individual that has a responsibility of following the rules didn’t and this is what led to the wrongful death. When this happens, it becomes easier to proven there was a negligent action that took place in New Mexico.
It is also important to look at the damage that was done leading to the death. This can include a drunk driver going through a red light and causing an accident. If this is proven then it will become easier to show that the negligent act was the reason for the individual passing away.
This refers to analyzing the case details and making sure the negligent act led to the wrongful death. There has to be a clear-cut connection between the two without anything happening in between. If this is proven then negligence can be shown as the main reason for the death.
If you are thinking about moving forward with a wrongful death case, it’s best to give us a call at (505) 305-1263 and get in touch with a Las Cruces wrongful death lawyer.
How Do You Start a Wrongful Death Claim in New Mexico?
What is the Difference Between a Wrongful Death Claim and an Estate Claim? When you are looking to understand the legalities of a situation such as this, you are going to want to gain clarity around specific terms.
These terms include wrongful death claims and estate claims.
With estate claims, the goal is to move forward in filing a lawsuit against the deceased to gain access to their estate (i.e. assets). This can be done for several reasons but often involves creditors wanting to recoup their debt.
While a wrongful death claim is more about filing on behalf of the deceased in a bid to seek compensation for negligence.
Call FBD Law Today For Quality Legal Representation In Your Las Cruces Wrongful Death Lawsuit
If you are on the lookout for a good wrongful death lawyer in Las Cruces, it’s time to reach out to our law firm at FBD Law.
We are a heralded legal team that has been around for a long time and offers a wide array of legal services. This ensures all of our clients receive appropriate advice that is fully tailored to their specific situation.
Whether it is medical malpractice or nursing home abuse, we have the resources to help guide you through each step of the legal process.
To get started with our law firm at FBD Law, please give us a call at (505) 305-1263.