If your loved one died in a preventable accident, no amount of money can right the wrong that has been done to you and your lost loved one. However, pursuing an Albuquerque wrongful death lawsuit can help you and your family hold the negligent or reckless person who caused your loved one’s death responsible. You may be able to recover compensation through honoring the memory of your loved one and providing for yourself and your family in the future.
Discuss Your Case With an Albuquerque Wrongful Death Attorney
Thinking about filing an Albuquerque wrongful death lawsuit may seem overwhelming, especially when you’ve already faced so much grief and loss. Working with an experienced attorney can make a significant difference in your case. At Hunt Law, our experienced wrongful death attorneys team cares strongly about obtaining the justice and compensation surviving family members deserve. Contact Hunt Law today to schedule your free initial consultation.
Common Causes of Fatal Accidents in Albuquerque
Wrongful death lawsuits occur when a victim is killed in an accident or incident involving another person’s negligence or wrongdoing. The right to pursue compensation for a loved one’s preventable death is protected under the New Mexico Wrongful Death Act. In a wrongful death lawsuit, the plaintiff seeks compensation for the losses caused by the accident. Wrongful death lawsuits can arise in a variety of situations. The experienced attorneys at Hunt Law handle a wide range of wrongful death cases, including the following:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Nursing home abuse
- Motorcycle accidents
- Medical malpractice
- Slip and fall accidents
- Workplace accidents
- Negligent security
Who Can File an Albuquerque Wrongful Death Lawsuit
The victims in wrongful death lawsuits cannot seek compensation for losses. As a result, specific family members of the deceased individual have the right to pursue compensation in the name of their loved one’s estate. Under New Mexico law, only the personal representative of the deceased individual’s estate has a right to file a wrongful death lawsuit. In many cases, the person named as the executor of the deceased individual’s will is appointed as the personal representative. If there is no will, the probate court will typically appoint another immediate family member, such as the deceased individual’s spouse, adult child, or sibling.
Who Receives the Compensation in a Wrongful Death Lawsuit?
In successful wrongful death lawsuits, the compensation awarded will go to the deceased individual’s estate. All proceeds will be distributed to the decedent’s spouse if there is no child. If the decedent has a spouse and children, the children will split half of the compensation, and the spouse will receive half. If there is no spouse, the children will divide the compensation equally.
When the deceased victim is a minor under age 18, unmarried, and childless, his or her parents will equally split the compensation. If there is no surviving spouse, child, grandchild, or parent of the deceased individual, the deceased’s siblings will receive the compensation. Distributing the proceeds can be complicated by the content of the deceased individual’s will or other estate planning documents. Working with a skilled wrongful death attorney will help you establish your status as a survivor and potential estate beneficiary.
Damages Available in a Wrongful Death Lawsuit
When wrong death accidents occur, surviving family members are often left financially harmed by their loved one’s death. Obtaining a judgment in a wrongful death lawsuit can provide the financial compensation you and your family need. Succeeding in a wrongful death lawsuit will provide you with:
- The acknowledgment that your loved one’s death shouldn’t have occurred
- Compensation to protect you from the costs and financial losses associated with your loved one’s death
- Compensation for the grief, shock, and unending loss you’ve endured
Specifically, plaintiffs in Albuquerque wrongful death lawsuits can pursue compensation for:
- All medical expenses connected to the accident
- Funeral and burial expenses
- Property damage, such as damage to a vehicle in a car accident
- Loss of anticipated future earnings
- Emotional pain and suffering
- Loss of companionship or consortium
Our Skilled Negotiators Will Pursue Fair and Full Compensation
New Mexico juries have a right to award the plaintiff any damages they deem fair and just, including exemplary payments for any egregious or shocking conduct of the defendant. For example, if an intoxicated driver caused an accident that resulted in your loved one’s death, you can pursue additional compensation because drunk driving is considered egregious behavior. Depending on the facts in the case, the personal representative may be able to pursue compensation from the negligent party’s insurance provider. Our skilled attorneys can often negotiate an appropriate settlement with the at-fault party’s insurance company.
Discussing your case with an attorney before agreeing to a settlement offer is important because most initial offers are too low. If we cannot persuade insurers to provide a fair amount of compensation, our trial-ready attorneys are always ready to fight in court to satisfy your right to justice and compensation for your loved one’s death.
How Long Do I Have to Pursue a Wrongful Death Claim?
Pursuing a wrongful death lawsuit may seem overwhelming after dealing with the grief of a loved one’s death. New Mexico has a three-year statute of limitations on wrongful death claims. In most cases, the personal representative must file a claim within three years of your loved one’s death.
Wrongful death lawsuits can be complex, especially when there are multiple liable parties, so discussing your case with an attorney as soon as possible is important. The attorneys at Hunt Law can help you pursue the full and fair compensation you deserve after a wrongful death. During your time of grief, we will take the burden off of you as much as possible, helping you navigate the legal process.
Reach Out to an Albuquerque Wrongful Death Attorney
The Albuquerque wrongful death attorneys at Hunt Law have extensive experience recovering compensation in wrongful death cases. We will carefully investigate your claim and provide effective legal counsel, representing your interests throughout the process. Contact Hunt Law to speak to an Albuquerque personal injury attorney and learn more about how we can help you with your wrongful death claim.