New Mexico Wrongful Death Lawyer

Wrongful Death Lawyer in Albuquerque

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 attorney who can fight for justice on your behalf is important.

Caruso Law Offices, dedicated to serving the people of New Mexico, is here to provide the legal expertise and advocacy you need during this difficult time.

What is Wrongful Death in New Mexico?

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 claim 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 the wrongful death claim in New Mexico.

Who Can File a Wrongful Death Claim?

In New Mexico, certain individuals, particularly the personal representative, can file a wrongful death claim. 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.

Wrongful Death Claims Statute of Limitation in New Mexico

In New Mexico, 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 in Wrong Death Claim

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 a New Mexico 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 Claim?

In a wrongful death claim in New Mexico, 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.

Ways an Albuquerque Wrongful Death Lawyer Can Help

Wrongful death cases are often complex and it is essential to have specialized knowledge and expertise to file a claim. Hiring a skilled New Mexico wrongful death lawyer 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.

Consult an Experienced Albuquerque Wrongful Death Lawyer 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. Our New Mexico wrongful death lawyers aim to 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.


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