Offices in Las Cruces, NM & El Paso TX
No family should ever go through the heartbreak and devastation of losing a loved one due to negligence. Unfortunately, many preventable accidents still occur in our region every year. Whether through an auto accident, a commercial truck accident or medical malpractice, carelessness takes far too many lives in New Mexico and Texas.
At Flores, Tawney & Acosta P.C., we handle all types of wrongful death claims. While we understand that no amount of money will ever be able to make up for your loss, we also know how important it is for you to be able to provide support and protection to your family. Let our compassionate attorneys handle your legal issues while you focus on your loved ones.
New Mexico Wrongful Death Lawsuits
Wrongful death claims in New Mexico must be brought under Chapter 41 of the state’s legal code. There are a few important things that plaintiffs should know about this law. First, only certain parties are legally eligible to bring a wrongful death claim. More specifically, the personal representative of the deceased must bring the claim. The personal representative in these cases is usually the victim’s spouse. Though it could also be the victim’s parents, their adult children, or even their adult siblings. Under New Mexico law, wrongful death claims must be initiated within three years of the victim’s death. Failure to act within this time frame could lead to the automatic dismissal of the lawsuit.
Texas Wrongful Death Lawsuits
In Texas, these claims must be brought under the state’s wrongful death statute. Under this law, Texas wrongful death lawsuits can only be brought by certain qualifying family members. More specifically, spouses, children and parents of the deceased are the legally eligible parties. If there are no eligible parties to file a claim, the estate of the deceased can take over the action. Under the state’s statute, liability for a wrongful death claim must be established by proving that the defendant’s negligence contributed to the victim’s death. The statute of limitations for these claims in Texas is two years, as opposed to three years in New Mexico.
Compensation Available in Wrongful Death Claims
After you prove liability, your wrongful death lawsuit will move onto the issue of compensation. In both New Mexico and Texas, eligible family members may recover financial compensation for the full extent of their losses. This covers both economic and noneconomic losses. Depending on the specific facts of your claim, our wrongful death lawyers can help you seek recovery for:
- Any direct financial losses, including medical bills and funeral/burial expenses;
- Loss of economic benefits, such as insurance coverage, financial support and inheritance; and
- Noneconomic damages, including mental distress, loss of love, loss of companionship and loss of consortium.
Get Wrongful Death Assistance Today
At Flores, Tawney & Acosta P.C., we have extensive experience helping families with wrongful death claims.. If your family member was killed in an avoidable accident, we can help. To schedule your free legal consultation, please do not hesitate to call us today at (575) 222-1000 in Las Cruces, New Mexico or at (915) 308-1000 in El Paso, Texas.