New Mexico state law defines a wrongful death claim as a fatal incident caused by another person, either through their direct actions or failure to act in an appropriate way.
Unfortunately, filing a wrongful death claim can be a complicated and emotional process where people are understandably bound to make mistakes.
While carrying painful emotional grief from mourning the loss of their loved one, families scramble to obtain funds for burial services and deal with multiple other problems. This can make it hard to think through all of the elements that might support a wrongful death claim.
Wrongful death laws vary from state to state, but people’s mistakes when pursuing a wrongful death claim seem to remain consistent across the U.S.
With this in mind, here is a short guide on how to avoid common mistakes when filing a wrongful death claim.
Avoid Arguing
Many families end up arguing with each other due to high tension and disagreements. However, it is crucial to communicate, listen to each other, and avoid arguing altogether. Arguments always complicate lawsuits and make the process more difficult for everyone involved. Additionally, they allow more misunderstandings to occur.
Try to avoid arguing with your family as much as possible. Remember that you are all working toward the same goal.
Stay Silent
Many people may want to speak with the media or feel pressured to after the death of a loved one. Please avoid talking to other people about the death, especially any local newspapers or news media outlets. Unfortunately, any statement that you make in public may eventually be used against you.
Avoid speaking with the insurance companies of the opposing party. One or more of these companies may try to offer compensation to you. Refrain from talking to them altogether because insurance companies may use anything you say against you. They will also try to reduce or deny the money rightfully owed to you.
Whenever possible, stay silent and avoid talking to other parties.
Think Before You Agree to a Settlement Offer
Try not to accept any settlement offer without taking time to think about whether that offer is the best option in your case. You will not be allowed to ask for additional compensation at any time in the future after you accept a settlement agreement.
Ensure that the money offered is enough to take care of you and your family after the death of your loved one.
Hire an Attorney
A skilled attorney will help you navigate the legal process without burdening you with any of the usual stressors that come with lawsuits. They can ensure that you avoid any other common mistakes, such as the following:
- Waiting too long to take legal action
- Going past the statute of limitations
- Failing to name all potentially liable parties
- Failing to include a parent company, employer, or partnering organization as a responsible party
- Missing an important deadline to file or produce documentation
These mistakes can completely make or break your case.
Contact Hunt Law to Avoid Mistakes
At Hunt Law, we are intimately familiar with what it takes to file a successful wrongful death claim in New Mexico. With extensive experience in medical malpractice, wrongful death, personal injury, and catastrophic injury cases, we provide the respect and skill that you deserve.
We serve clients in many locations, including Las Vegas, Santa Fe, Albuquerque, Rio Rancho, Raton, Roswell, and Los Alamos.
Let the team at Hunt Law help you at all stages throughout the legal process. Get in touch with an experienced and skilled attorney from our team for a free consultation today.