Wrongful Death Attorney in Albuquerque, NM

Losing a loved in is devastating, especially when their death is caused by someone else's negligence or wrongful actions. Families in Albuquerque who are experiencing this grief need compassionate legal support from attorneys who understand both the emotional and legal complexities of wrongful death cases. An experienced lawyer will help you navigate the legal system and give you time to focus on healing.

Understanding Wrongful Death Claims in Albuquerque, NM

Wrongful death claims in New Mexico are designed to provide compensation to family members who have lost a loved one due to another person's actions. These cases take place in civil court and seek financial compensation rather than criminal punishment. They can be used to seek justice when negligence, recklessness, or intentional harm leads to a fatality.

What Constitutes a Wrongful Death in New Mexico?

The legal definition of wrongful death in New Mexico is broad. The key element the court looks at is whether the deceased had grounds to file a personal injury suit had they survived. Some examples of actionable claims include:

• Auto accidents caused by negligent drivers

• Medical malpractice or healthcare negligence

• Workplace accidents from safety violations

• Defective products that lead to fatal injuries

• Nursing home abuse or neglect

• Criminal acts leading to death

Who Can File a Wrongful Death Claim in Albuquerque?

New Mexico law differs from many other states in who can file a wrongful death claim. Where many other states allow family members to directly file such lawsuits, New Mexico requires a personal representative of the deceased's estate to make the claim. This representative is either named in the deceased's will or appointed by the court.

However, the damages recovered from the lawsuit are distributed to the surviving family members in accordance with state law. This generally includes the spouse, children, and dependent family members of the deceased.

The Role of a Wrongful Death Attorney in Albuquerque

Hiring a specialized wrongful death attorney brings several benefits:

• Conducting investigations to gather evidence and establish liability

• Calculating appropriate compensation for all damages

• Negotiating with insurance companies to secure fair settlements

• Representing families in court, if necessary

• Managing legal procedures and filing deadlines

• Working with expert witnesses to strengthen the case

Damages Recoverable in an Albuquerque Wrongful Death Lawsuit

There are three major types of compensation in a New Mexico wrongful death suit:

• Economic damages: These cover medical expenses before death, funeral and burial costs, lost wages, and benefits the deceased would have earned.

• Non-economic damages: This type of award is for the pain and suffering of the deceased before death and for the loss inflicted on the surviving family.

• Punitive damages: In cases where the liability for death is particularly egregious, punitive damages may be awarded as extra punishment.

Proving Liability in an Albuquerque Wrongful Death Case

To win a wrongful death case, you need to establish liability. To do that, you must demonstrate:

• The defendant owed a duty of care to the deceased

• The defendant breached that duty through negligence or misconduct

• This breach directly caused the death

• The death resulted in quantifiable damages

Gathering the evidence to prove these elements requires professional legal expertise. The process often includes reconstruction specialists, medical experts, and testimonies from other professionals.

Navigating the Legal Process After a Wrongful Death

Your legal representative can also help you navigate the legal process of filing a wrongful death suit. The process typically includes:

1. Initial consultation with an attorney

2. Investigation and evidence collection

3. Filing the wrongful death lawsuit within the three-year statute of limitations

4. The discovery phase, where both sides exchange information

5. Settlement negotiations

6. The trial, if a fair settlement cannot be reached

Choosing the Right Wrongful Death Attorney in Albuquerque, NM

Selecting an attorney is a big decision that can determine the outcome of your case. To secure the best expertise, you want a lawyer with experience in wrongful death claims. Will offer personalized attention and clear communication. The Husband & Wife Law Team, led by Mark and Alexis Breyer, has years of experience representing clients in wrongful death claims. Call us today to schedule a free consultation.

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