What Happens in a New Mexico Wrongful Death Lawsuit Caused by a Trucking Accident


February 24, 2017

 by Caruso Law Offices, P.C. | 

New Mexico Trucking Accidents Can Cause the Wrongful Death of a Victim: Find Out What Happens in Wrongful Death Lawsuits

Trucking accidents are very serious types of motor vehicle accidents which frequently cause the wrongful death of many victims.  This is particularly true on interstates such as I-40, I-25, and I-10 routing throughout New Mexico due to the high-speed and significant trucking traffic  In fact, many of the largest trucking companies in the United States such as U.S. Parcel Service, J.B. Hunt, Estes, Ryder, and many others use these interstates to get around and through New Mexico.  With some many large commercial trucks traveling at such high speeds, it is no wonder why there are so many wrongful death cases caused by trucking accidents.

Here at the Mark Caruso, our New Mexico wrongful death attorneys have handled many wrongful death cases caused by New Mexico trucking accidents.  We know that speed kills, and interstates collisions involving passenger vehicles and tractor trailers frequently result in the death of the occupants of the passenger vehicle.  We have the experience fighting for the rights of those who have been killed in these types of trucking accidents.  If a loved one has been killed in a New Mexico trucking accident, call us today for a FREE consultation by dialing (505) 407-0458 today to learn how we can protect your rights to compensation for the wrongful death of your loved one.

Components of a Wrongful Death Lawsuit

A wrongful death lawsuit is complicated and requires experienced representation.  The first and most important component of a wrongful death case is to get the family stabilized.  An experienced wrongful death attorney will help answer any questions that a family has and ensure they are taken care of emotionally and financially during the pendency of the litigation.  This includes going to probate court to help the family access accounts and avenues of funds.  This also includes getting permission from the probate court to commence the action by getting authority from the estate, or family and dependents.

The next most important aspect of a wrongful death lawsuit involves gathering records, including medical records, autopsy records, financial records, and other records pertinent to the lawsuit.  Performing an accident investigation and collecting police records and reports is also important to begin the lawsuit.

Once the majority of the records have been collected, it is time to commence the lawsuit.  This is where the possibility for settlement comes into consideration.  The lawsuit will continue against the defendant trucking company and truck driver, as represented by their insurance company.  The lawsuit will continue through discovery and ultimately lead to trial.

Role the Family Plays in a Wrongful Death Lawsuit

The role of the family of the decedent in a wrongful death lawsuit is very important.  Many times, unfortunately, the family may have witnessed the accident.  This means they are fact witnesses and can help the attorney represent their loved one and prove their case.  The family is also important to help collect evidence and information for the attorney to help support the case.

A family is also required to help explain to the court and jury what role that their loved one played in the home.  This is how the damages can be assessed and determined because damages are frequently about the economic impact that the wrongful death has on the family.

New Mexico Wrongful Deaths Caused by Trucking Accidents on Interstates Require Proper Representation

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Mark Caruso today by dialing (505) 407-0458 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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