Wrongful deaths encompass a variety of cases, including car accidents, medical malpractice, work accidents, product defects, and beyond—but what is the exact criteria a wrongful death case must meet and the procedure for filing a lawsuit? Our experienced Albuquerque wrongful death lawyers explain.
What Is a Wrongful Death Case?
Yes, a wrongful death case is a direct result of negligence or misconduct, but there are certain circumstances a case must meet in order to be filed as a wrongful death case in New Mexico’s court of law. Essentially, a wrongful death case is considered a personal injury case that the deceased person can no longer bring to themselves, and while there may be a case related to the fatality of an incident, a wrongful death case is separate from any criminal charges and considered a civil action.
Who Can File A Wrongful Death Claim?
Wrongful death cases are filed by a representative of the deceased, typically someone who has suffered harm from their death, such as a spouse, child, or parents. Generally, these representatives must prove that death was caused by someone else’s direct negligence or intentionally wrongful actions and it caused harm to surviving family members, who are eligible for damages.
What Damages Can Be Recovered?
Wrongful death lawsuits may recover both economic and noneconomic damages, both of which are decided on by the court and are distributed to family members who are eligible to to recover them. Economic damages may include medical, funeral, and burial expenses, as well as loss of income, support, and inheritance, while noneconomic damages may include, pain and suffering, mental anguish, and loss of companionship.
Who Should You Turn To?
If you’ve suffered due to the death of a loved one, you deserve justice and fair compensation. Our mission is to help you achieve exactly that so that you can properly mourn your loss and live out their legacy. Earning millions in settlements and verdicts, The Vigil Law Firm, P.A. has helped countless New Mexicans with wrongful death cases that were the result of trucking accidents, medical malpractice, and more.
In losing a loved one, you’ve suffered enough. It’s time to get the representation and compensation you deserve! Call The Vigil Law Firm, P.A. today at (505) 243-1706, and let us fight for you and your family!