Losing a loved one is one of the most difficult experiences anyone can endure. When that loss occurs due to someone else’s negligence or wrongdoing, the pain is compounded by the knowledge that it could have been prevented. While no amount of legal action can truly heal the emotional wounds, pursuing a wrongful death claim offers grieving families an opportunity to seek justice, hold the responsible parties accountable, and find financial security during such a challenging time.
Understanding your legal rights after a wrongful death is essential in making informed decisions for your family’s future.
Who Can File a Wrongful Death Claim?
Not everyone can file a wrongful death lawsuit. Each state has specific laws governing who is eligible to take legal action, but generally, the following family members are entitled to file a wrongful death claim:
- Immediate Family Members: Spouses, children (including adopted children), and parents of the deceased are most commonly eligible.
- Extended Family Members: Some states also allow siblings, grandparents, or other extended relatives to file if they were financially dependent on the deceased.
- Personal Representatives: If the deceased had a will, the executor or personal representative of their estate might have the authority to file the claim on behalf of the beneficiaries.
Understanding your role in this legal process and whether you qualify requires an in-depth review of your specific state’s wrongful death laws.
What Qualifies as a Wrongful Death?
A wrongful death occurs when an individual’s life is cut short due to another party’s negligence, recklessness, or intentional actions. Common scenarios include:
- Car Accidents: Caused by drunk driving, speeding, distracted driving, or other negligent actions.
- Medical Malpractice: Errors such as misdiagnosis, surgical mistakes, or improper care that result in fatal outcomes.
- Workplace Accidents: Fatalities occurring due to unsafe working conditions, equipment failure, or lack of proper training.
- Criminal Acts: Deaths resulting from violent actions like assault, homicide, or illegal behavior.
The key to pursuing a claim is proving that the responsible party’s actions—or failure to act—directly caused the death and subsequent damages.
Recoverable Damages in a Wrongful Death Lawsuit
The goal of a wrongful death claim is to provide surviving family members with financial compensation for the losses they’ve suffered. Damages in these cases typically fall into three categories:
Economic Damages
These are quantifiable expenses directly related to the deceased’s passing, including:
- Medical bills for treatments received before death.
- Funeral and burial expenses.
- Lost wages and benefits the deceased would have provided to their family over their lifetime.
Non-Economic Damages
These damages address the emotional and relational impacts of the loss, such as:
- Loss of companionship or consortium for spouses.
- Loss of parental guidance and support for children.
- Emotional pain and suffering endured by surviving family members.
Punitive Damages
Punitive damages may be awarded in cases involving extreme negligence or intentional harm. These are meant to punish the wrongdoer and deter similar conduct in the future.
While no monetary award can truly compensate for the loss of a loved one, these damages aim to alleviate financial burdens and provide some measure of justice.
How Legal Representation Can Help
Navigating a wrongful death claim can be overwhelming for grieving families. The legal process involves complex tasks such as gathering evidence, negotiating with insurance companies, and adhering to strict deadlines—all while dealing with the emotional toll of the loss. This is where a legal professional can make a significant difference.
Investigating the Case
A skilled attorney will conduct a thorough investigation to establish liability by gathering:
- Police or accident reports.
- Medical records and expert testimony.
- Witness statements and surveillance evidence.
- Documentation of financial losses and family impact.
This evidence is critical to building a strong case and proving causation.
Handling Insurance Companies
Insurance companies often try to minimize payouts, even in wrongful death claims. Attorneys stand between families and insurers, advocating for fair compensation that reflects the full scope of losses.
Meeting Legal Deadlines
Every state imposes a statute of limitations, which is the time frame within which a wrongful death claim must be filed. Missing this deadline could mean forfeiting your right to seek compensation altogether. An attorney ensures that all necessary paperwork is completed and submitted on time.
Pursuing Maximum Compensation
Experienced legal teams know how to calculate a claim's true value, factoring in present and future losses. Their negotiation skills—combined with the ability to pursue litigation if necessary—maximize the chances of obtaining a fair settlement or court outcome.
Providing Emotional Support
While handling the legal complexities, lawyers also provide families with compassion, understanding, and the reassurance that someone is fighting for them during their darkest hours.
New Mexico Wrongful Death Attorneys
If you or someone you know is facing the challenges of a wrongful death case in Albuquerque, NM, the compassionate and experienced team at Simon Perdue Law is here to help. Our dedicated attorneys understand the complexities of these cases and are committed to providing the support and guidance you need. Contact us today at (505) 588-5962 to schedule a consultation and learn more about how we can assist you in seeking justice for your loved one.