When your relative or significant other dies due to someone’s negligence or recklessness, you have the right to file a wrongful death lawsuit. If your loved one hadn’t passed, they might have escaped the fatal situation with a life-altering injury. If that were so, they could have filed a personal injury claim. Even though they are no longer here, you can file a claim on their behalf.
You, or their representative, have three years from the day of their death to hold the other party liable. However, you have two years if the other party is a government entity.
We can take care of it for you.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil case filed in court on behalf of somebody killed due to someone else’s fault.
In that way, a wrongful death lawsuit is like a personal injury lawsuit. They both involve the same kinds of heartbreak: vehicular accidents, product failure, premises hazards, medical malpractice, industrial accidents, etc.
Weems Hazen attorneys are skillful at identifying liable parties and holding them responsible. We determine how they failed in their obligation not to hurt or kill anyone. If there is a “preponderance of the evidence,” we can prove if the liable party meant to cause the death or allowed it to occur through their recklessness or neglect.
Let’s talk. We’ll let you know if you’ve got a case for a wrongful death lawsuit.
What are Damages?
When filing for damages, attorneys ask the court to compensate the deceased’s survivors for their loss. It is nearly impossible to quantify this loss; frankly, you don’t want to. Let us navigate this challenging terrain for you. This money can help with financial burdens such as medical bills, funeral and burial costs, the loss of financial household support, etc.
While it can be painful to comprehend, you are entitled to compensation intended to soften hardships such as the loss of companionship, guidance, support, love, and intimacy.
Who Can File a Wrongful Death Lawsuit?
The New Mexico wrongful death statute says only a personal representative, or “executor,” of the deceased can file a wrongful death claim. Who that person is depends on the situation. We can help establish you as the personal representative for your loved one.
In a married person’s case, the surviving spouse often files a wrongful death claim. Or a deceased person’s will may also name an executor. However, there are exceptions. We are happy to discuss various scenarios.
We’re ready to help you get your life back. Contact us now tell us more about your situation for a prompt evaluation.
Call or text us at 505.247.4700