Wrongful Death: What Families Need to Know

Losing a loved one to a wrongful death is an unimaginable tragedy. When this happens, families often feel overwhelmed and confused as they try to make sense of what has happened and how to seek justice. Fortunately, there are steps that can be taken to help families navigate the legal system and understand their rights in wrongful death cases. In this article, we’ll discuss what you need to know about wrongful death cases and provide guidance on how to get the help you need.

Understanding Wrongful Death

Wrongful death is defined as a death caused by someone else’s negligence or intentional harm. When this happens, the immediate family of the deceased has a legal right to seek damages for their loved one’s death. The state in which you live and the relationship you have with the deceased may determine whether you can file a wrongful death lawsuit. In New Mexico, a wrongful death claim can only be filed by the deceased person’s estate representative. This is typically a person who is named in the deceased’s estate plan. In order to be successful in a wrongful death case, families must prove that the death occurred due to another person’s negligence or intentional wrongdoing.

Determining Liability in Wrongful Death Cases

In order for a family to be successful in filing a wrongful death lawsuit, it must be proven that someone else’s negligence or unlawful conduct caused the death of their loved one. Common causes of wrongful deaths include medical malpractice, workplace accidents, product defects or dangerous products on the market, motor vehicle accidents due to drunk driving or reckless behavior, and criminal acts such as assault and battery. It is important to work with an experienced wrongful death attorney who can help you determine who is liable for your loved one’s death and pursue justice accordingly.

Financial Recovery After a Wrongful Death Case

Once liability has been determined in a wrongful death case, families may be able to receive financial compensation from either an insurance policy held by the responsible party or from court proceedings where damages are awarded directly from those at fault. Damages can include economic losses such as lost wages for the deceased spouse; non-economic losses such as loss of companionship; funeral expenses; medical costs; pain and suffering endured by surviving family members; punitive damages if appropriate; and more depending on what caused the wrongful death in question. It is important to understand the types of awards available so you can make an informed decision about how best to proceed with your case.

Seeking Justice Through An Experienced Attorney

It is important that families have access to knowledgeable attorneys who have experience dealing with wrongful death cases so they can ensure they get justice for their loved ones. When choosing an attorney, it is key that they understand your individual case needs including state-specific laws around wrongful deaths as well as any statutes of limitation applicable to different claims related to your case. Questions families should ask potential attorneys before engaging in representation include: How long have you been practicing law? How many wrongful-death cases have you represented? What type of settlement results have you obtained on behalf of clients? And do you anticipate any particular challenges with my case? By asking these questions upfront you can ensure you are working with an attorney who will prioritize getting justice for your family member’s wrongful death while also helping you navigate all aspects of the legal process along the way.

Our Las Cruces Wrongful Death Lawyers Are Here for You

No matter how difficult it may seem at first glance – seeking justice following a fatal accident involving negligence does not have to be overwhelming or confusing when armed with good information and experienced representation. Although no amount of money can bring back your loved one – seeking justice through both legal channels and support networks available will help ensure that other innocent lives aren’t taken due to negligence or recklessness. Contact The Law Offices of Kenneth G. Egan today to learn how our wrongful death lawyers can help you.