Wrongful Death
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Get the Support You Need With a New Mexico Wrongful Death Attorney
Our Las Cruces, New Mexico wrongful death attorney focuses on the negligence that was involved in your loved one’s death to ensure that our investigation is conducted thoroughly before we negotiate a settlement or prepare a court case on your behalf.
At the Law Offices of Kenneth G. Egan, our Doña Ana County wrongful death lawyer is dedicated to producing successful results for our clients, so they can grieve fully while our law firm focuses on the details of your unique case.
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Wrongful death is defined in New Mexico as a fatality that is caused by another’s:
- Wrongful act
- Negligence
- Defaulting behavior
According to the National Highway Traffic Safety Administration, 379 traffic-related fatalities occurred last year alone in the State of New Mexico. When these deaths are the result of negligence, including speeding, distracted driving, or driving while intoxicated, wrongful death claims may be filed on behalf of eligible survivors who suffer financial losses as a result of losing a loved one.
Other common types of wrongful death accidents can include, but are not limited to:
It is important to understand that any type of personal injury claim can begin as, or turn into, a wrongful death claim. If you have lost a loved one in an accident, our wrongful death lawyer in New Mexico will partner with you to pursue the negligent person, party, or company responsible, so you can recover the financial losses that are associated with their death. Call us at (575) 523-2222 to get started today.
Why Choose Us
- Passion — When someone's negligence leads to the death of your loved one, you need legal help right away. Our Las Cruces wrongful death attorney, Kenneth G. Egan, is committed to providing families with the monetary compensation they need for covering everything from funeral costs to mental anguish.
- Expertise — Maximize your recovery by hiring a professional wrongful death lawyer with a nearly 30 year track record of success.
- Personalized Service — Our team of expert attorneys keep you up to date on everything that happens in your case.
- Experience — Your wrongful death case is too important to trust to a new, inexperienced lawyer. Rely on Kenneth G. Egan for your New Mexico wrongful death case.
- Affordable — Our law offices prioritize your financial outcome over our own. We never charge higher fees than you will recover when you win your case.
- Success — To help maximize your chances of obtaining a full settlement, the Law Offices of Kenneth G. Egan treats each case with the unique approach it calls for. As no two cases are the same, we custom-tailor our service to meet the specific needs of each and every case and client, working diligently to find the best possible solution for you. Read about our past history of success winning wrongful death cases.
Who Can File a Wrongful Death Claim in New Mexico?
The first step in filing a wrongful death claim is appointing a personal representative to be named in the case.
This can include the surviving:
- Spouse: Who will receive the entire settlement when children or grandchildren are not present
- Children or grandchildren: Who will split one half of the settlement with the surviving spouse; or who will split the settlement equally when more than one child/grandchild exists where a spouse is not present
- Parents: If there is no spouse, children, or grandchildren present – or if the deceased person is a child under the age of 18
- Siblings: Where there is no spouse, children, grandchildren, or parents present – whether the deceased person is a child or adult
In most cases, but not always, the personal representative for whom the claim is filed is a person who is named in the deceased’s estate plan and can include any of the surviving members listed above.
What Type of Financial Recovery Are Family Members Entitled to After They Lose a Loved One to Wrongful Death?
The damages that can be pursued in a wrongful death claim in New Mexico are dictated by the relationship the surviving member had with the deceased person. Each wrongful death claim is unique and therefore calls for an experienced wrongful death attorney to fully investigate and prove the cause of death was the fault of a negligent party.
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When each aspect of a wrongful death claim can be proven, damages that are typically available to the survivor(s) can include:
- Financial contributions to the household that would have been made by the deceased person
- Funeral and burial expenses
- Loss of companionship of the deceased family member
- Loss of inheritance
- Medical expenses related to the deceased person’s illness or injury prior to death
- Mental anguish caused by the death of a spouse, child, or parent
- Pain and suffering the deceased endured before death, where applicable
Can Punitive Damages Be Awarded in Wrongful Death Claims in New Mexico?
In the State of New Mexico, punitive damages are available in certain wrongful death cases.
Punitive damages are designed to punish the responsible party who caused the death in cases where gross negligence, recklessness, or intentional harm occurred.
How Long Do I Have to File a Wrongful Death Claim in New Mexico?
New Mexico legislation states that the statute of limitations for filing a wrongful death claim is three years from the date of your loved one’s death. The filing requirements are stringent and complex, and call for an accomplished attorney to achieve success.
Who Is Liable?
Determining who is liable in cases of wrongful death is essential for securing a full compensation. Liability depends on the situation in which the fatal accident occured. For example, if your loved one was at work, their employer may be liable. If they died in a car accident, the other motorist may be liable in a wrongful death claim. Three elements are viable for establishing legal liability for the death of your loved one in New Mexico.
- Duty — The defendant owed your loved one duty of care at the time of the fatal incident. This commonly applies in fatal cases of medical malpractice. Motorists also have a duty on the road to drive safely.
- Breach of Duty — Establishing that the duty was breached establishes fault.
- Causation — The more and stronger evidence we collect to show how the defendant’s breach of duty caused your loved one’s death, the better.
Without an experienced wrongful death attorney working for you, establishing liability can be extremely challenging. You may think that a drunk driving case is so cut-and-dry that you don’t need a lawyer. However, there are many ways defendants can get out of compensating you fully in wrongful death claims. Make sure you maximize your recovery by hiring a New Mexico wrongful death attorney with experience and a proven track record of success.
Get The Representation You Need
If you have lost a loved one in an accident that you believe was caused by the negligence of another, contact our wrongful death attorney in Las Cruces, New Mexico today at (575) 523-2222 to schedule a free case evaluation. We will supply you with the legal guidelines necessary for you and your family members to make an informed decision regarding the pursuit of financial recovery for your loss.