Losing a loved one is an unimaginable pain that can leave a lasting impact on the lives of those left behind. When a death is caused by another person’s negligence or intentional actions, it is considered a wrongful death. In such heartbreaking circumstances, having the guidance and support of a compassionate and experienced Albuquerque wrongful death attorney who can fight for justice on your behalf is important.
Caruso Law Offices is dedicated to serving the people of Albuquerque, NM. Our personal injury attorneys in Albuquerque are here to provide the legal expertise and advocacy you need during this difficult time. Contact our Albuquerque law firm today for a free confidential case evaluation. Call (505) 883-5000 to get started.
Why Choose Caruso Law Offices?
At Caruso Law Offices, our lawyers value out attorney-client relationship and we offer the following advantages for your case:
- In-depth experience: Our law office has focused exclusively on car accidents and traffic-related injuries and fatalities for over 20 years. Our car wreck lawyers in Albuquerque have an in-depth understanding of New Mexico traffic laws and insurance company practices.
- Inside insurance company experience: Several of our attorneys previously worked for insurance companies. Their experience on the other side of traffic accidents benefits our clients as we determine strategies for their compensation.
- Due diligence: We never forget to dot an i or cross a T while working on a case. We have sharp investigative skills and creative strategies for solutions. Our Albuquerque wrongful death lawyer is well-practiced in negotiation and litigation so you’re assured that we’ve been thorough in your case for the best possible outcome.
- Proven results: We are the lawyers with the power to win your case. Our track record of success includes over $30 million in settlements and jury awards for clients injured in Albuquerque traffic accidents.
Hear From Those We’ve Helped
“They always kept me update with my case and always answered any questions…I would highly recommend and I will be using Caruso law firm from here on out” – Joe S.
How Our Albuquerque Wrongful Death Lawyer Can Assist You
Wrongful death cases are often complex and it is essential to have specialized knowledge and expertise to file a claim. Hiring a skilled Albuquerque wrongful death attorney can significantly impact the case’s outcome. Our wrongful death team can assist you by:
- Providing legal guidance: We will guide you through the legal proceedings, ensuring that all necessary paperwork is filed correctly and within the required deadlines.
- Conducting investigations: Establishing negligence or liability is crucial in a wrongful death case. Our legal team will gather and assess evidence and interview eyewitnesses to build a strong case on your behalf.
- Getting expert testimony: Certain cases require expert testimony to establish negligence or the extent of damages. We have a network of trusted experts in various fields who can provide professional opinions and support your case.
- Managing negotiations: Our attorneys will negotiate with insurance companies and opposing parties to reach a favorable resolution.
- Preparing for trial: If a fair settlement cannot be reached, we will take your case to court and fight for justice on your behalf.
Losing a loved one is certainly a difficult experience, and we understand the emotional toll it can take on you and your family. A compassionate and experienced lawyer will alleviate some of your burdens during this challenging time so you try to heal from the loss.
Understanding What Constitutes a Wrongful Death
In New Mexico, wrongful death occurs when the victim loses their life due to an accident caused by the negligent behavior of others. These cases are governed by specific laws outlining who has the right to file a wrongful death suit and pursue damages. The deceased’s personal representatives or family members can file the claim and receive compensation.
It is important to note that when a loved one dies because of someone’s negligence, you have two options to pursue:
- Survival action – the victim’s estate can file a legal claim to pursue compensation for burial and funeral costs, lost wages, medical bills, and pain and suffering.
- Wrongful death action – the surviving family of the deceased can file a claim to receive compensation, including loss of income, loss of inheritance, and more.
It is important to note that only specific individuals can file wrongful death lawsuits in New Mexico.
Who Can File a Wrongful Death Claim in New Mexico?
In New Mexico, certain individuals, particularly the personal representative, can file a wrongful death lawsuit. This personal representative might differ depending on the case. However, the surviving spouse of the deceased is usually the one who is legally allowed to file a claim.
In case of no spouse, the deceased’s children or the deceased’s parents and siblings can file the claim.
Is There a Time Limit to File aWrongful Death Claim in Albuquerque?
In New Mexico, under N.M. Stat. § 37-1-8, the statute of limitation for wrongful death cases is three years from the day the victim dies. It is integral to consult an Albuquerque wrongful death lawyer to assist you with the claim and ensure the dependents of the deceased get fair financial compensation.
Type of Compensation Available in Wrongful Death Claims
In a wrongful death case, the survivors of the deceased receive different types of compensation, depending on the case. These might include:
- Burial and funeral expenses
- Loss of companionship
- Loss of future earning
- Loss of inheritance
- Loss of pension benefits
- Medical expenses
- Mental anguish
- Pain and suffering
In some cases, punitive damages may be rewarded to punish the negligent party and prevent such accidents from happening again. However, it is important to note that, being a comparative fault state, the damages might be lowered to a certain portion based on the degree of the victim’s fault. If the victim has been found to be 10% at fault, the dependents can get 90% of the damages.
It is best to consult an Albuquerque wrongful death lawyer to help you determine the best legal option based on the unique circumstances of the case.
Who is Granted Compensation in a Wrongful Death Lawsuit?
In an Albuquerque wrongful death lawsuit under N.M. Stat. § 41-2-3, the compensation is given to:
- The spouse receives full compensation in case there are no children
- Children and grandchildren receive half of the compensation if the deceased has a surviving spouse or receive all compensation in case of no spouse.
- Parents receive all compensation if the victim was less than 18 years or if the deceased was unmarried and childless.
- Siblings of the victim if there are no surviving parents, spouse, children, or grandchildren.
It is recommended to consult an Albuquerque wrongful death lawyer to help you with the case.
What to Do After the Wrongful Death of a Loved One
During the tremendous shock and grief after an unexpected death in the family, it may be difficult to keep a clear head, but taking specific steps after the death helps to protect your family’s interests and give a voice for justice to your lost loved one. After a wrongful death, do the following whenever possible:
- Take photos: Take photos at the scene of the accident including the vehicles and anything relevant to the cause of the accident
- Request report copies: Obtain a copy of the police report, a copy of your loved one’s last medical examination to show their health before the accident, and a copy of the medical examiner’s report or autopsy report
- Gather income proof: Gather proof of the family member’s income and benefits
- Keep funeral receipts: Keep copies of receipts and invoices for the funeral and burial expenses
- Contact an attorney: Schedule a confidential consultation with Caruso Law Offices
With no upfront fees and contingency-based payment, you have nothing to lose and much to gain by moving forward with prompt legal action.
How to Prove Liability in a Wrongful Death Claim
When someone else’s careless actions cause a fatal car accident, pedestrian accident, or motorcycle accident in Albuquerque, they are liable for damages to the victim. In wrongful death claims, the damages are extensive, especially if the lost loved one was a family provider.
Proving liability for wrongful death in Albuquerque requires documenting evidence demonstrating the following:
- The at-fault party owed a duty of care to others to take reasonable actions to prevent injury or death
- They breached this duty through negligence or recklessness
- Their reckless breach of duty directly caused the death
- The family members suffered significant economic and non-economic damages from the death
Your attorney from Caruso Law Offices in Albuquerque will thoroughly investigate all aspects of the accident and craft a compelling case for your family’s full compensation.
Contact Our Experienced Albuquerque Wrongful Death Attorney Today
If you have lost a loved one due to the negligence or intentional actions of another, don’t hesitate to seek legal representation, contact us immediately. At Caruso Law Offices, we understand how challenging this can be for loved ones.
If your family member died from a truck accident in Albuquerque, car accident, motorcycle accident, pedestrian accident, or any traffic-related injury, you need attorneys who focus exclusively on car accident laws in New Mexico to ensure the best possible outcome.
Our wrongful death lawyers in Albuquerque, NM will help you through this difficult time by providing legal support and guidance. While it is impossible to ease the pain of losing someone in a tragic accident, we can still help you get justice for your loved one and help you earn fair compensation to help you financially recover from this loss.