Losing a loved one is always a painful experience. If you lose a loved one to someone else’s negligence, however, it can feel as though the loss you face is insurmountable.
While you grieve, know that you do have the option to take legal action against the party you believe to be liable for your loved one’s loss. An Albuquerque wrongful death lawyer with Ben Crump Law, PLLC can help you understand what your legal options may be and to what compensation you may be entitled.
Call (800) 593-3443 for a free wrongful death case consultation.
A Wrongful Death Explained
A person can die for several different reasons. What makes a death a wrongful death, however, is when that loss can be classified as the result of negligence. For example, if a medical professional fails to take your loved one’s allergies into account and provides them with a medication they should not take, then that professional can be charged with negligence and with wrongful death.
Some causes of wrongful death include:
- Car accidents
- Accidents in the workplace
- Airplane crashes
- Medical malpractice
- Slips and falls
Do note, though, that criminal cases do not include wrongful death charges. These cases are civil cases. If your loved one dies after a violent incident, then you can reach out to an attorney to discuss what legal options you may have available to you.
For a free legal consultation with a wrongful death lawyer serving Albuquerque, call 800-593-3443
New Mexico Law and Wrongful Death
You do have the option, when faced with a wrongful death, to file a civil suit. However, there is no guarantee that you may have the right to a civil suit. As in the rest of the state, those who reside in Albuquerque need to understand that only immediate family members or an estate can file a civil wrongful death suit.
Note, too, that if you choose to file a complaint instead of a demand letter – or, put another way, if you choose to go to court instead of negotiating for a settlement – then a judge may choose to dismiss your wrongful death case. To avoid this, it is in your best interest to submit a complaint within three years, which is the statute of limitations for filing a wrongful death suit in New Mexico.
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Compensation for a Wrongful Death
Depending on the circumstances surrounding the wrongful death of a loved one, you may be able to fight for compensation on behalf of the party who has passed. The settlement you can fight for can consist of economic and non-economic damages.Economic losses include those losses that have economic value. For example, if your loved one had to spend a considerable amount of time in the hospital prior to her death, then you can fight for compensation based on the cost of the care they received. Similarly, the party you believe to be liable for your loved one’s losses could provide you with the means to pay for an appropriate funeral.
Non-economic damages consist of emotional losses, lost opportunity for employment, and other damages that do not have a readily-understood value. To determine what these losses might look like when translated into a settlement, you can contact an Albuquerque wrongful death lawyer at Ben Crump Law, PLLC.
You can present your compensation estimate to either the party you believe to be liable for your losses or to a judge, depending on what kind of documentation you wish to file and how you wish to go about fighting for a settlement.
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Seeking Legal Advice and Action After a Wrongful Death
As mentioned, you can request compensation through a few different avenues after a wrongful death. Demand letters allow you to negotiate with another involved party, if you have not received a settlement offer from the party you believe to be liable. If you do receive an offer of compensation, which you accept, you will not have the right to pursue your case in court in an attempt to secure additional compensation.
However, if you cannot come to an agreement with the party you believe to be liable, your lawyer can file a complaint with your local court. These complaints can identify:
- The party you believe to be liable for your losses
- The evidence you have to back your claim
- An estimate of the compensation to which you may be entitled
Your attorney will try to prove that:
- The party you wish to hold liable owed the deceased party a duty of care, i.e., precaution not to cause harm.
- That duty of care was violated due to behaviors on the part of the potentially-liable party.
- The defendant bears the responsibility for the bulk of or all of the losses that the deceased party faced while still alive.
- You and your family who remain alive suffer damages as a result of the death of your loved one
Be sure to check in with an Albuquerque wrongful death lawyer to get more information on these matters.
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An Albuquerque Wrongful Death Lawyer Can Ease Your Recovery
In this time, do not be afraid to grieve your loved one, especially as more information about their death comes to light. No one ever knows how much time they have, but that does not mean that you cannot take time for yourself after a significant loss. As soon as you are ready, you can seek out legal guidance from an Albuquerque wrongful death lawyer with Ben Crump Law, PLLC. Together, you can start to build a case for compensation on behalf of your loved one.
To discuss a wrongful death case, call (800) 593-3443.
Call or text 800-593-3443 or complete a Free Case Evaluation form