Understanding Wrongful Death Lawsuits in New Mexico: Las Cruces Wrongful Death Attorney
Losing a loved one is one of the most difficult experiences a family can face, and when that loss is due to someone else’s negligence or wrongful actions, it can be even more devastating. If you find yourself in this situation, a wrongful death lawsuit may help provide financial relief to your family while holding the responsible parties accountable. As experienced Las Cruces wrongful death attorneys, the Law Offices of Kenneth G. Egan can guide you through the legal process and ensure that your rights are protected.
What is a Wrongful Death Lawsuit?
In New Mexico, a wrongful death occurs when someone’s death is caused by another person’s wrongful act, negligence, or default. This encompasses a variety of situations, including car accidents, medical malpractice, defective products, and more. Though the deceased individual cannot bring a claim on their own behalf, surviving family members can pursue compensation for their loss. The goal of a wrongful death lawsuit is to provide financial support to those affected by the loss while holding the responsible party accountable.
Who Can File a Wrongful Death Lawsuit in New Mexico?
According to New Mexico law, the estate’s personal representative is responsible for filing a wrongful death lawsuit. This individual could be named in the decedent’s will or appointed by a probate judge if no will exists. The lawsuit is brought on behalf of surviving family members, including:
- Spouse: If the deceased had a spouse but no children, the spouse receives all compensation.
- Spouse and Children: If there is a spouse and children, the spouse receives half, and the children divide the other half.
- Children: If there is no surviving spouse, the children will divide the compensation according to New Mexico’s laws.
- Parents or Siblings: In the absence of a spouse, children, or parents, siblings of the deceased may be entitled to compensation.
It’s important to consult with a Las Cruces wrongful death attorney to fully understand your rights and responsibilities under the law.
Types of Damages Available in a Wrongful Death Lawsuit
While no amount of compensation can replace the loss of a loved one, a wrongful death lawsuit can provide financial relief for the deceased’s family. Common damages awarded in wrongful death lawsuits include:
- Funeral and burial expenses
- Medical bills incurred prior to death
- Pain and suffering experienced by the deceased before passing
- Loss of companionship and emotional suffering
- Lost financial support and future contributions to the household
- Loss of inheritance
Each case is unique, and the damages awarded depend on the circumstances surrounding the death. An experienced Las Cruces wrongful death attorney can help assess your case and determine the appropriate compensation.
Wrongful Death vs. Criminal Prosecution
It’s essential to understand the difference between a wrongful death lawsuit and a criminal case. While criminal charges may be brought against the responsible party for actions like manslaughter or homicide, a wrongful death lawsuit is a civil matter aimed at securing compensation for the family’s loss. In some cases, a criminal case may be ongoing at the same time as a civil wrongful death lawsuit. However, the standards of proof differ between the two:
- A wrongful death lawsuit is based on the standard of preponderance of the evidence, meaning it only has to be more likely than not that the defendant caused the death.
- A criminal case requires proof beyond a reasonable doubt to secure a conviction.
Even if a criminal case does not result in a conviction, a wrongful death lawsuit can still be pursued. It is advisable to consult with a Las Cruces wrongful death attorney to determine the best course of action based on the specifics of your case.
Don’t Delay – Act Quickly to Protect Your Rights
In New Mexico, the statute of limitations for filing a wrongful death lawsuit is three years from the date of death. If the lawsuit is not filed within this time frame, you may lose your right to pursue compensation. It’s important to act quickly to ensure that your family’s claim is preserved. A Las Cruces wrongful death attorney can provide the guidance needed to file your case within the legal time limits.
Contact a Las Cruces Wrongful Death Attorney Today
At the Law Offices of Kenneth G. Egan, we understand the immense grief you are experiencing after the loss of a loved one. Our compassionate legal team is here to help you navigate the wrongful death lawsuit process and fight for the justice and compensation your family deserves. To schedule a free consultation, call us today or submit an online message to get started. Let us help you hold the responsible party accountable and secure a better future for your family.
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.