Wrongful Death Attorney Albuquerque
What is a wrongful death in Albuquerque NM?
Wrongful death in Albuquerque NM is the legal term used to describe the death of a person due to another individual’s negligent behavior. Some examples of wrongful death causes include:
- Drunk driving accidents.
- Failure to make necessary repairs to a property or commercial vehicles.
- Safety and security measure lapses.
- Medical malpractice.
- Occupational hazards.
The New Mexico Wrongful Death Statute allows survivors of the victims of wrongful death cases to sue for monetary damages. Not just anyone can file a wrongful death lawsuit as part of a personal injury claim in Albuquerque NM. Only certain surviving family members of victims qualify. They include a spouse, minor dependents, or a parent. In cases where a spouse and children are surviving, they can be named as co-petitioners in a wrongful death lawsuit.
Is there a statute of limitations for filing a wrongful death lawsuit?
Yes. As with other personal injury lawsuits, wrongful death lawsuits must be filed within three years of the date of the victim’s death. The New Mexico Wrongful Death Statute bars wrongful death claims that exceed these guidelines. This is one of many reasons why surviving family members must prioritize consulting a wrongful death attorney as soon after their loved one’s death as possible.
Get your free case review today!
Victims of other people’s negligence do not need to be further victimized by a personal injury attorney in Albuquerque when they are seeking representation. At Atkinson Law Firm, we provide a free case review to all injured parties. If we do not think we can win your case, we will not waste your time (or money). Ask us how to get your free case review today.
How to prove negligence in an Albuquerque wrongful death lawsuit
Proving negligence in a wrongful death lawsuit is critical to winning your case. The first thing you must do is consult with an Albuquerque wrongful death attorney with experience handling such cases. Scott Atkinson is knowledgeable in the New Mexico Wrongful Death Statute and can guide you through the process of filing your claim.
There are four elements all wrongful death lawsuits must have to prove culpability. They are:
- Lawsuit petitioners must provide irrefutable evidence their loved one’s death was caused in part or whole by the carelessness, recklessness, or negligent actions of another person or persons.
- Breach of duty. All this means is that the person who caused the death of the victim had a duty to them. An example would be an at-fault driver in an automobile accident. They had a duty to the person they killed to drive safely and follow all traffic laws.
- This relates to the negligent actions of the at-fault party. Wrongful death petitioners must show how the negligent actions caused their loved one’s death.
- Quantifiable damages to surviving family members are a requirement of wrongful death lawsuits. Damages can include reimbursement for funeral expenses, loss of income, and pain and suffering.
Why do you need a wrongful death accident attorney?
What compensation can you demand after an Albuquerque wrongful death?
The amount of compensation you can demand after an Albuquerque wrongful death depends on the circumstances surrounding the person’s death. There are factors your Albuquerque wrongful death attorney takes into consideration when preparing a claim on your behalf.
- Household financial contributions. If the deceased was the primary wage earner in the household, your attorney can tally future wages and include that figure into your demands.
- Funeral and burial expenses. These are expenses that are deemed within reason under the New Mexico Wrongful Death Statute.
- Medical expenses. If the deceased required medical care before succumbing to their injuries, any expenses associated with that care are eligible for inclusion in the lawsuit.
- Loss of companionship. This is common when spouses are wrongful death lawsuit petitioners.
- Mental anguish. This one is more difficult to gauge but is permissible under the New Mexico Wrongful Death Statute.
How can we help you after a wrongful death in Albuquerque?
Personal injury is the legal term used to describe a physical, mental, or emotional injury to a person. To meet the legal definition, the injuries must be caused by the carelessness, negligence, or wrongful conduct of another person.
Wrong death involves civil litigation against an at-fault party when their negligence causes the death of someone else. It is usually the relatives of deceased persons who file wrongful death lawsuits to recover compensation for the wrongful death.
Yes. Individuals have 3 years from the date their injury occurred to file a personal injury lawsuit that seeks compensation or other damages from another individual. This statute of limitations is reduced to 2 years when filing against a government entity. When filing a wrongful death lawsuit, a victim’s family has 3 years from the date their loved one died from their injuries to take action.
You have the option of filing a compensation claim with your insurance company if the other driver is not insured. Your insurance company can then pursue legal action against the uninsured party to recover the costs. Also, if the other driver is driving a vehicle belonging to another person, the vehicle’s owner may have insurance coverage and could be liable for the accident even though they were not driving.
It depends. Some attorneys work on a contingency fee basis, meaning you only pay them a percentage of any damages awarded in your case. Others may require an upfront retainer. It is best to discuss fee structure with your attorney at your initial consultation.
Any attorney who says you have a case without fully reviewing all the factors and evidence is not a reputable personal injury attorney. Your attorney should provide an initial consultation to discuss the merits of your case before determining if it is wise to proceed with filing a lawsuit.
No. Attorneys are required to hold licenses to practice in each state they wish to represent. Our firm is licensed to represent clients in New Mexico only. If you require legal representation for another state, you can find options via the personal injury information center.
A police report is one of your best tools for proving liability in an automobile accident, which is why we recommend contacting the police any time you are involved in an accident. Sometimes the police are automatically called if there are injuries or if the accident prompts temporary closure of the roadway. During rear-end collisions and failure-to-yield during left-turn accidents, New Mexico law is clear cut on determining the at-fault party.
While you are not required to file a police report, we highly recommend it. When the police are called to the scene of an accident involving injuries, they must conduct a full investigation. Their findings are considered evidence if you file a personal injury lawsuit.
Any evidence presented in a personal injury lawsuit must indicate the other person was negligent, and that is what led to your injuries. To prove negligence, you must prove four points: duty, breach, causation, and damages/harm. Your attorney can review required evidence and other documentation for filing at your initial consultation.
Absolutely. Just like a police report is considered supporting evidence in your case, a doctor’s evaluation is just as critical to proving your claim. Your physician can verify your injuries, their cause, and provide an estimation of your recovery, including treatment costs.
It is possible to collect damages as part of a settlement or jury award in a personal injury lawsuit. Ideally, you want to settle out of court to avoid the hassle associated with a trial. Damages are eligible for disfigurement and disability, pain and suffering, medical bills, lost income, and emotional trauma.
It depends on the circumstances and complexity of your case. A best-case scenario is 3 months, but some cases have taken as long as 18 months or more to resolve.
Speak to expert New Mexico personal injury attorneys
Victims have up to 3 years to file a personal injury lawsuit against individuals and 2 years to file against government entities in New Mexico. Do not waste time building your case. If you have suffered at the hands of another, reach out to our offices today to schedule your free case review and initial case consultation. We promise to work hard to secure fair compensation for your injuries.