Q: Who can sue for wrongful death?
In New Mexico, wrongful death lawsuits can only be brought by the personal representative of the deceased victim’s estate. If the victim died without an estate plan in place or without a will, a personal representative will be appointed by the court.
What is the basis of a wrongful death lawsuit?
As the name implies, a wrongful death is one where a person is “wrongfully” killed as a result of negligence, product liability, or malice on the part of another person or entity. It must be proven that the defendant’s negligence caused or contributed to the victim’s death– and the circumstances must be such that if the victim had survived, they would’ve had a claim against the defendant for negligently or intentionally causing them serious personal injury.
Most Common Examples of Negligence that May Lead to Wrongful Death
Common examples of negligence that may give rise to a personal injury or wrongful death lawsuit include but are not limited to:
- car or truck accidents
- medical malpractice
- product liability
- violent crimes and
- workplace accidents.
Some people work in inherently dangerous occupations which place them at higher risk of risk of being killed by falls, fires and explosions, harmful chemicals or equipment and more. In these potentially dangerous workplaces, safety violations and third-party negligence often give rise to wrongful death claims. Amusement park ride inspectors is arguably an example of a potentially dangerous job.
Recently, a maintenance employee at an Orlando amusement park died from “catastrophic injuries” reportedly sustained when he fell approximately 50 to 60 feet while performing a daily safety inspection on the StarFlyer attraction. The ride is described as a 450-foot spinning swing ride. The investigation into the circumstances surrounding the fall is ongoing.
Contact Hunt Law Firm Today
If you or a loved one has been injured or a loved one has been killed as a result of the negligence of another person or entity, the personal injury and wrongful death attorneys at Hunt Law Firm can maximize the compensation to which you or your estate may be entitled. Contact us today to schedule a free consultation.
From our office in Santa Fe, we’ve been representing injury victims in Albuquerque, Rio Rancho, Raton, Roswell, Los Alamos, Las Vegas, and throughout the state of New Mexico for over 20 years.