What Can You Get in a Wrongful Death Action from a New Mexico Trucking Accident?


April 6, 2018

 by Caruso Law Offices, P.C. | 

Albuquerque Trucking Accident Lawyer Discusses What Families Can Get in a Wrongful Death Action Caused by a New Mexico Trucking Accident

In a fatal New Mexico trucking accident, the truck driver and trucking company may be liable to the victim and the victim’s family under New Mexico Stat. 41-2-1, which imposes liability “[w]henever the death of a person shall be caused by a wrongful act, neglect or default of another[.]” This means that the family of a victim who has been wrongfully killed may commence a wrongful death action against the truck driver and the trucking company who employed him or her. A wrongful death action allows the family to step into the shoes of their deceased one, to commence a personal injury claim on his or her behalf. But what does a family get in a wrongful death action in New Mexico?

Damages in New Mexico Wrongful Death Actions Caused by a New Mexico Trucking Accident

In a legal sense damages are the relief that a party may seek. Damages generally are in the form of compensation, but they can related to specific performance or an injunction (to not do something). Damages in wrongful death actions are usually compensatory and meant to reimburse, but they can also be punitive meant to punish or deter future conduct. Some common damages that victims of a New Mexico trucking accident may collect when a wrongful death occurs includes the following:

  • Pain and suffering of the victim – this is the “standing in the shoes” aspect of a wrongful death action, which allows a victim’s family to litigate the matter against the negligent truck driver and trucking company just as if the victim did not pass away. This means that a family has to establish what suffering the victim experienced prior to death. This could be physical pain and even emotional pain of dying and suffering-the fear of death. In a trucking accident, a common manner is when a high-impact crash (such as on I-40, I-25, or I-10), results in an explosion and fire. The first impact may cause serious pain and suffering due to the trauma of the crash. Being trapped in a vehicle and fearing the building fire will cause serious emotional harm. And the result of burning to death will cause significant pain and suffering to death. This unfortunately happens, and the Albuquerque trucking accident lawyer at the NM Truck Accident Attorneys has represented victims in similar circumstances where entire families have been trapped in a motor vehicle and killed in a fire.
  • Loss of support/wages/compensation – this is for the family that now loses a loved one and no longer has that individual bringing in compensation to support the family. This means that the family does not have that income to help pay the bills or mortgage, child care, and other expenses, because of the wrongful death caused by a negligent truck driver or trucking company in an 18 wheeler wreck.
  • Emotional and mental anguish – A family that loses a loved one may have a claim for emotional distress due to the wrongful death. This is part of the cause of action that allows the family to make a claim. When a family is in the vehicle where the victim is killed, actually witnessing it, a family may be entitled to increased emotional and mental anguish damages due to the proximity of the accident.
  • Funeral and burial expenses;
  • Medical expenses and bills from first responders;
  • Property damage claims; and
  • Many other damages.

Families Who Have Lost a Loved One in a New Mexico Trucking Accident Should Call our Albuquerque Trucking Accident Lawyer to Learn About a Wrongful Death Claim

Victims who have lost a loved one may be entitled to compensation for the wrongful death. Call our New Mexico big rig collision lawyer at the NM Truck Accident Attorneys to learn what your rights to compensation may be by dialing (505) 308-1556. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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