Your world is turned around after losing a loved one in an accident. Your life will be affected in more ways than you can imagine.
When that person’s death was due to negligence, a specific area of law allows certain family members to recover compensation for their losses. Wrongful death cases cannot bring back your loved one, but a successful claim can alleviate the financial impact of that person’s death.
It is important to discuss your circumstances with an experienced wrongful death lawyer. Before you do, some background information on what wrongful death lawsuit settlements are on average may be useful.
Overview of Wrongful Death Cases
Under New Mexico law, a wrongful death claim is a lawsuit filed by the family members of someone who died due to intentional, reckless, or negligent acts of another person.
There are challenges in trying to assess the value of a human life. However, survivors most definitely suffer financial hardship after losing a loved one. Funeral and medical expenses can be costly. There are also additional burdens for an individual who is now alone in raising children.
Wrongful death cases are intended to ease the stress.
Compensation in Wrongful Death Settlements and Lawsuits
Because of the difficulties in calculating compensation in a wrongful death claim, it is necessary to weigh several factors. Wrongful death settlements and suits are very case specific, but some initial considerations would be the victim’s age and overall health at the time of the accident. Other factors in evaluating the wrongful death lawsuit settlements average might be:
- The victim’s future earning capacity, especially where he or she contributed financial support to a surviving spouse, children, and other members of the household;
- The type of accident, such as a motor vehicle crash, medical malpractice, incident on a property, or other circumstances;
- Whether the victim underwent significant medical treatment between the time of the accident and his or her passing; and,
- Other considerations based upon the circumstances.
Family members who file wrongful death lawsuits can recover a range of damages for their losses, such as:
- Medical bills incurred to treat the victim’s last illness;
- Burial and funeral costs;
- Lost income
- Emotional losses based upon the void left behind by the victim’s passing, including loss of guidance, companionship, care, education, and comfort;
- Losses related to intimacy, which would be claimed by the surviving spouse or partner;
- Pain and suffering that the deceased individual endured between the date of the accident and death; and,
- Other types of losses depending on the specific situation.
Schedule a Free Consultation Regarding Your Wrongful Death Claim
If you lost a loved one due to someone else’s negligence, you do have the right to seek compensation.
The wrongful death lawsuit settlements average depends on the specifics of your case, but an experienced attorney can provide you with estimates on what you may be able to recover. For more information, please call the Law Firm of Flores, Tawney & Acosta, P.C. at (575) 222-1000 or visit us online. We can set up a consultation to review your circumstances at our offices in El Paso, TX or Las Cruces, NM.