Reach Out to Experienced New Mexico Wrongful Death Lawyers
No family should ever go through the heartbreak and devastation of losing a loved one due to another party’s negligence.
Unfortunately, many preventable accidents still occur in our region every year.
Whether through an auto accident, a truck accident, or medical malpractice, carelessness takes far too many lives in New Mexico.
At Flores, Tawney & Acosta P.C., our experienced New Mexico personal injury lawyers handle all types of wrongful death claims.
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: What You Need to Know
New Mexico’s Wrongful Death Statute
Wrongful death claims in New Mexico fall under Chapter 41 of the state’s legal code. This statute gives important rights and remedies to immediate family members of the deceased. If your loved one died as a result of another party’s reckless or careless conduct, you should speak to a skilled wrongful death lawyer. They can help you bring a legal claim under New Mexico’s wrongful death law.
What is a Wrongful Death in New Mexico?
In New Mexico, wrongful death is a death that was “caused by the wrongful act, neglect, or default of another”. Of course, that is a broad and somewhat vague definition. In practice, the state’s wrongful death law allows a family member of the victim to pursue a claim on similar grounds that the victim would have been able to pursue had they survived the accident. Defendants can are legally liable for fatal accidents caused, at least in part, by their negligence. New Mexico defines negligence as the failure to take adequate safety precautions within the context of a specific situation. Some notable examples of accidents in New Mexico that can lead to wrongful death claims include:
Please note that wrongful death claims are deeply complex. Unfortunately, proving liability can sometimes be challenging. The defendants of these lawsuits are often large corporations or big insurance companies. They fight aggressively to deny or reduce their liability. Following an accident, it is crucial that you consult with an experienced New Mexico wrongful death lawyer right away. Your lawyer will conduct a comprehensive evaluation of the case. They’ll investigate the accident and help you take action to get justice for your loved one and full financial support for your family.
Who Can File a Wrongful Death Claim?
There are a few important things that plaintiffs should know about New Mexico’s wrongful death law. First, only certain parties are legally eligible to bring a wrongful death claim. Unfortunately, even if you have a very close personal relationship with the victim, you might not have the right to bring a wrongful death claim.
New Mexico law requires that the personal representative of the deceased must bring the claim. Who will serve as the personal representative? It depends on the specific nature of the case. Though, the personal representative in these cases is usually the victim’s spouse —at least as a starting point. If there is a surviving spouse and no children, then the surviving spouse will typically have the full right to bring a wrongful death claim. In other words, all damages will go to them.
However, the personal representative could also be another party beyond the surviving spouse. It could be the victim’s parents, their adult children, or even their adult siblings. In some cases, non-child dependents of the victim may also have rights under New Mexico’s wrongful death statute. Unwinding wrongful death lawsuits can be confusing. It is a complicated situation. It’s normal to have questions regarding who can/should file a wrongful death lawsuit. Speak to an experienced New Mexico wrongful death attorney as soon possible. Our law firm has a deep understanding of New Mexico’s wrongful death procedures. We will get answers to your most pressing questions.
What is the New Mexico Statute of Limitations for Wrongful Death?
Eligible family members of the victim have a pre-specified period of time to file their lawsuit. Under New Mexico law (New Mexico Statutes § 41-2-2), wrongful death claims must begin within three years of the victim’s death. There are very few exceptions to this deadline. One exception might be if it was not knowable that the death occurred on the date that it did. Still, it is uncommon for the Court to extend the statute of limitations. Failure to act within this time frame could lead to the automatic dismissal of the lawsuit.
If your loved one died in an accident, you should call a New Mexico wrongful death lawyer as soon as possible. This is the best way to protect the rights of your family and to seek justice for your loved one. All wrongful death claims require a careful, thorough investigation. To prevail in a New Mexico wrongful death lawsuit, plaintiffs must present a claim backed by reliable supporting evidence. You should identify every negligent party and hold them accountable.
Compensation Available in Wrongful Death Claims
After you prove liability, your wrongful death lawsuit will move onto the issue of compensation. In New Mexico, 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.
In wrongful death cases, noneconomic damages often represent the largest proportion of the claim. These damages are incredibly tough to value — because they are truly incalculable. No amount of money can ever make up for the loss of a spouse, children, or other close loved ones. Still, it is imperative that eligible family members can recover the available financial compensation. You and your family deserve justice. Our New Mexico wrongful death attorneys help clients protect their rights and interests. We know how to hold at-fault defendants and their insurance companies accountable.
How Our NM Wrongful Death Lawyers Can Help
The team at Flores, Tawney, & Acosta has the skills necessary to negotiate your case. We are compassionate advocates for victims and their families. Every legal claim gets the same dedication, integrity, and attention that it deserves. As soon as you reach out to our office, our legal team will take immediate action to assess your situation and protect your rights. Among other things, our wrongful death lawyers will:
- Conduct a free, comprehensive review of the wrongful death claim;
- Help you understand your rights and options under New Mexico law;
- Investigate the case, identifying all defendants and gathering relevant evidence;
- Build a strong, well-supported wrongful death claim;
- Negotiate with the responsible defendant(s) and insurer(s); and
- Prepare for wrongful death litigation in New Mexico.
Similar to personal injury cases, many wrongful death claims resolve outside of litigation. In many ways, reaching a just out-of-court settlement is the ideal result. Family members of the victim deserve justice and financial support. At the same time, we fully understand that defendants are not always willing to cooperate. While our compassionate Las Cruces, NM wrongful death attorneys know how to handle settlement negotiations, we are also aggressive advocates for our clients. Our trial-tested attorneys are always ready to take a wrongful death claim to court.
Contact Our New Mexico Wrongful Death Attorneys Today
At Flores, Tawney & Acosta P.C., we have extensive experience helping families with wrongful death claims. No matter the specific nature of your case, our wrongful death lawyers are here to help. If your family member passed away in an avoidable accident, you need to take immediate action.
We have offices located in Texas and New Mexico.