Workplace Fatalities Explained by New Mexico Wrongful Death Lawyer
Every day, New Mexicans go to work expecting to return home safely at the end of the day. Unfortunately, workplace accidents sometimes lead to tragic fatalities. These incidents leave families devastated and grappling with immense emotional and financial burdens. Here is what you need to know about workplace fatalities explained by our New Mexico wrongful death lawyers.
Understanding Wrongful Death Claims After a Workplace Fatality
If your loved one died due to a workplace accident caused by negligence, you may be eligible to file a wrongful death claim. New Mexico law recognizes wrongful death as a death caused by “the wrongful act, neglect, or default of another.” In the context of a workplace fatality, this “other” party could be an employer, a co-worker, a manufacturer of defective equipment, or a third party involved in the accident.
Who Can File a Wrongful Death Case in New Mexico
New Mexico’s Wrongful Death Act establishes who can bring a wrongful death claim. Typically, a personal representative appointed by the court files the lawsuit on behalf of the deceased’s estate. This representative is often a spouse, parent, or child of the deceased. In some cases, other close relatives or a designated beneficiary may be eligible. An experienced New Mexico wrongful death lawyer can help you understand who can serve as the personal representative in your specific situation.
Key Elements of a Wrongful Death Claim
To pursue a wrongful death claim successfully, it’s essential to establish the following elements:
- The death of your loved one.
- The death resulted from a workplace accident.
- The accident was caused by the negligence of another party. (Negligence refers to the failure to take reasonable care to prevent harm.)
- The surviving family members have suffered damages due to the death. (Damages can include financial losses like medical bills and lost wages, as well as non-economic losses like pain and suffering.)
Other Situations for Wrongful Death Claims
Workplace fatalities are just one example where a wrongful death claim may be appropriate. Wrongful death claims can be filed in various situations where negligence led to a loved one’s passing. For instance, if a family member drowns due to a malfunctioning pool safety feature at a hotel, or due to the lack of lifeguards at a public beach, a wrongful death claim could be pursued against the property owner or responsible party. These claims can also arise from car accidents, medical malpractice, defective products, or any situation where another party’s negligence caused a preventable death.
The Law Offices of Kenneth G. Egan: Committed to Helping You Through This Difficult Time
At the Law Offices of Kenneth G. Egan, we understand the complexities of wrongful death claims arising from workplace accidents. If you have lost a loved one in a workplace fatality, contacting our New Mexico wrongful death lawyers can help. We offer a free consultation to discuss your situation and explore your legal options. Don’t hesitate to reach out – we are here to help you during this challenging time.
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.