Seeking Justice with a Las Cruces Wrongful Death Lawyer
When a loved one passes away due to someone else’s negligence or misconduct, surviving family members may be entitled to compensation through a wrongful death lawsuit. Although the victim can no longer seek justice themself, a wrongful death claim holds the at-fault party accountable on behalf of the family. For those in Las Cruces, New Mexico, a wrongful death lawyer can help guide you through the legal process to secure the compensation you need during this difficult time.
Understanding New Mexico’s Wrongful Death Statute
New Mexico’s wrongful death statute defines a wrongful death as one caused by a “wrongful act, neglect, or default,” including both accidental and intentional acts (New Mexico Statute 41-2-1). Common causes of wrongful death claims include car and truck accidents, pedestrian accidents, premises liability incidents like slip and falls, and defective products. Each of these cases can lead to a wrongful death claim if the fatality was due to negligence.
Who Can File and Benefit from a Wrongful Death Lawsuit in New Mexico
In New Mexico, a wrongful death claim must be filed by the personal representative of the deceased’s estate, often a close family member. If the deceased left a will, the representative will be identified there; otherwise, a probate judge may appoint a family member to act in this capacity. Though the representative files the lawsuit, any financial compensation is awarded to family members, following specific rules:
- If a spouse survives with no children, the spouse receives all compensation.
- If a spouse and descendants survive, compensation is divided equally between the spouse and the children or grandchildren.
- If only descendants survive, they share the compensation.
- If the deceased had no spouse or descendants, the parents are next in line, followed by siblings.
Understanding these nuances can be difficult during a time of grief, and an experienced Las Cruces wrongful death lawyer can help ensure your case is handled properly.
Recovering Damages in a Wrongful Death Claim
While no amount of money can ever replace a loved one, wrongful death claims aim to provide financial support and accountability. Compensation, or “damages,” may cover:
- Funeral and burial costs
- Medical bills for treatments related to the injury before death
- Pain and suffering the deceased experienced before passing
- Loss of companionship and emotional support
- Mental suffering of surviving family members
- Lost financial contributions the deceased would have provided
- Lost inheritance
Some of these damages, such as mental anguish and loss of companionship, can be challenging to quantify, but a skilled wrongful death lawyer can help calculate a fair amount based on your case.
Understanding the Difference Between Wrongful Death Lawsuits and Criminal Cases
It’s possible to pursue a wrongful death lawsuit even if a criminal prosecution is underway or completed. However, wrongful death cases differ from criminal cases in several ways:
- A wrongful death suit is filed by the personal representative of the deceased’s estate, while a criminal case is prosecuted by the state.
- The standard of proof is lower in a wrongful death case; it requires a “preponderance of the evidence” rather than “beyond a reasonable doubt.”
- Wrongful death suits only seek financial compensation, while criminal cases can result in prison time, probation, and other penalties.
- A wrongful death lawsuit can result from simple negligence, whereas a criminal conviction often requires a higher level of negligence or intent.
If there is an ongoing criminal case related to your loved one’s death, consult with a wrongful death attorney in Las Cruces to discuss the best timing for your lawsuit.
Time Limits on Filing a Wrongful Death Claim
New Mexico law requires that wrongful death claims be filed within three years of the date of death. Missing this deadline can lead to the dismissal of your claim, forfeiting your right to compensation. If you’re concerned about timing or unsure of your rights, a Las Cruces wrongful death lawyer can help ensure your case is filed promptly and effectively.
Consult a Las Cruces Wrongful Death Lawyer at the Law Offices of Kenneth G. Egan
Losing a loved one is devastating, and you shouldn’t face this difficult time alone. If you believe a loved one’s death resulted from someone else’s actions, contact the Law Offices of Kenneth G. Egan in Las Cruces. Our dedicated wrongful death attorneys are here to provide the support and guidance you need to protect your rights and secure fair compensation.
We are located in Las Cruces and are proud to service the surrounding areas, including Doña Ana, Santo Tomas, La Mesa, Fort Selden, Radium Springs, and beyond.