We provide legal service for anybody in Albuquerque, New Mexico area that has had a close relative die due to somebody else’s actions and may want to pursue a wrongful death lawsuit. If you have had a member of your family die needlessly due to somebody else’s negligence or irresponsible action, then contact us for a free consultation at the Caruso Law Offices, PC. We will work tirelessly on your behalf to make sure that justice is received.
What is Wrongful Death?
A wrongful death lawsuit is filed against a person or people who have caused the death of another person. The death may have been premeditated or resulted from careless, irresponsible or negligent behavior. The lawsuit is filed on behalf of any surviving dependents or family members and, if successful, provides them with some compensation for the death.
Wrongful death can result from a large number of circumstances in which somebody has died needlessly due to another’s carelessness. Wrongful death can include the following:
- A fatality resulting from any sort of vehicle collision
- Dying during an operation that was botched or after the wrong diagnosis had been made
- Fatalities caused by wrong prescriptions or an overdose of a drug used in treatment
- Being killed through the use of a defective product
Purposes of Wrongful Death Claims
Wrongful death claims are not designed so that surviving family members can benefit financially off of somebody else’s death. They have two primary purposes.
- They provide assistance to a spouse, children or elderly parents who were financially dependent on the person that died. The payment, if granted, is given to the surviving relatives in a carefully prescribed manner. Wrongful death laws do change a little from state to state, so that here in New Mexico, the statutes are somewhat different from what they are in California, Nevada or Texas.
- Wrongful death laws act as a social deterrent. They serve as a warning, not just to the third party involved in the death, but to anybody else in the community who may act in the same manner.
Contact the Caruso Law Offices, PC for a Free Consultation
If you have had a close relative die recently in what you feel was a wrongful death, then contact the Caruso Law Offices, PC in Albuquerque, New Mexico. After a discussion of the circumstances surrounding the death, our firm will be able to give you a detailed opinion about the possibility of bringing a wrongful death lawsuit against the person or people who may be considered responsible. We do not charge anything for a consultation and you will not have to pay any legal fees unless we win a claim on your behalf. This means you really have nothing to lose from discussing your case.
At our firm, we have 27 years experience and have successfully won many wrongful death claims for our clients over the years.
Who is Entitled to a Wrongful Death Claim?
The lawsuit is brought before a court and a judge will decide on the basis of the evidence whether a lawsuit will be successful. The judge will also make a decision about how much should be paid out. This will be based on who the likely heirs will be and what their needs are, now and into the future.
Usually, it is the surviving spouse and the dependent children who are the first in line to benefit from a wrongful death claim. There may be other people who benefit in the absence of either spouse or children. These could be the parents, especially if they were dependent or living at home with the deceased. If there is nobody that appears to fit any of the above descriptions, then the judge may decide to make a payment to anybody else who is next of kin or according to normal rules about intestate inheritance.
Wrongful death law is relatively new in the United States. In the past if somebody died as a result of an unexpected, yet needless death, then the possibility of making a claim for damages also ceased. This was changed over time because states decided that dependents of people who had died were suffering financial hardship as a result of the death.