Wrongful Death Cases in a New Mexico 18 Wheeler Crash: Albuquerque Truck Accident Lawyer Explains
The ultimate personal injury in any New Mexico 18 wheeler crash is the loss of life. This is particularly true when the wrongful death is caused by excruciating pain and suffering, which is unfortunately common in truck crashes with large commercial trucks like 18 wheelers, big rigs, tractor trailers, double trailers, semi trucks, and other trucks. Victims in these cases can be killed by the initial impact, or perish in secondary causes such as explosions or fires caused by the collision.
In addition to the stress, frustration, and burdens that an 18 wheeler crash will cause, a wrongful death cases in New Mexico is also rather complicated. The victim's family will need to be able to prove the liability of the 18 wheeler crash, the pain and suffering of their loved one, establish economic damages for lost income, and further demonstrate what damages are reasonable compensation for their loved one's death and for their loss. Because lawsuits are an adversarial process, meaning the other side will argue against you, you need to retain an Albuquerque truck accident lawyer like the ones at the NM Truck Accident Attorneys to represent you and your loved one. Call our experienced Albuquerque truck accident lawyer today for a FREE consultation to learn how we can help protect your rights by dialing (505) 883-5000.
What You Need to Know About Wrongful Death Cases in New Mexico
Wrongful death cases are some of the most difficult cases to go through. This is true physically, emotionally, and legally. There are many different procedural rules to comply with that simply do not exist in other cases. Even just starting out a wrongful death lawsuit can be difficult, as a personal representative of the estate needs to be the individual to commence the lawsuit. Determining who has authority to be the personal representative can be difficult, and generally a probate or surrogates court is needed to give "letters" to commence an action.
The purpose of a wrongful death lawsuit is two fold. The first is to compensate the deceased and his or her family for the loss of life caused by the New Mexico 18 wheeler crash. This includes compensation for pain and suffering, wrongful death, and lost wages or earnings from the deceased to the dependents that are still alive. Victims can also obtain loss of services, consortium, and love and affection from their loved one. The second purpose is to both punish the tortfeasor (the defendant who caused the wrongful death) and to deter future wrongful conduct by the defendant and other possible defendants.
Legal Authority for New Mexico Wrongful Death Lawsuits
There are several important sections of New Mexico law governing wrongful death actions. The first is the authorizing statute, or law which permits the wrongful death action, which is NM Stat 41-2-1 . This section provides that "[w]henever the death of a person shall be caused by the wrongful act, neglect or default of another . . . [which would,] if death had not ensured, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensured, shall be liable to an action for damages, notwithstanding the death of the person injured."
The next important statute to be aware of is NM Stat 41-2-2, which provides the statute of limitations or time period to commence a wrongful death action. Under New Mexico law, the time to commence an 18 wheeler crash which causes a wrongful death is three years from the date of death. If an action is commenced outside of that period, it may be summarily dismissed by the court without the merits of the case being heard.
Fatal 18 Wheeler Crashes Require an Experienced Albuquerque Truck Accident Lawyer
If you or a loved one has been injured in a fatal trucking accident, call the experienced New Mexico truck accident attorneys at the NM Truck Accident Attorneys today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.