Earlier this week a fatal NM charter bus crash in Pueblo, Colorado, killed two people and injured many others. Albuquerque, New Mexico resident Jason Marshall, 53, was one of the victims wrongfully killed in the bus crash on I-25 in Colorado. Our Albuquerque bus accident lawyer explains New Mexico wrongful death laws.
Wrongful Death in New Mexico: Examples from the Pueblo Bus Crash
The fatal NM charter bus crash in Pueblo is a tragic event that should not have occurred. Victims of this crash were seriously injured and wrongfully killed due to the conduct of the bus driver and bus company. In instances like this, New Mexico’s wrongful death laws may help families recover compensation for their loss. Nothing can bring back a victim who was wrongfully killed due to a bus driver or bus company’s negligence, but wrongful death statutes can help protect the rights of families like the Marshall family.
Here at the Caruso Law Offices, P.C., our experienced Albuquerque bus accident lawyers know how difficult it is after the wrongful death of a loved one. Our compassionate staff can work with you and advise you what your next steps are, both legally, financially, and personally on your path to recovery. Call us for a FREE case evaluation by dialing (505) 883-5000 to learn more.
New Mexico Wrongful Death Laws
All states have wrongful death laws. However, not all state’s laws are the same. This is very true of New Mexico’s laws which are similar but not the same as other states. Thus, it is important to retain a New Mexico wrongful death lawyer like our Albuquerque bus accident lawyers to ensure that your rights are protected to the fullest under New Mexico law.
The three main components you need to know about a New Mexico wrongful death case like the fatal NM charter bus crash in Pueblo, Colorado, are 1) who could be liable, 2) who can commence a wrongful death action, and 3) how long to you have to file a wrongful death action. Without knowing these three answers, your rights to compensation may be in jeopardy.
1) Who Could be Liable in a Fatal Bus Accident? Under New Mexico law, section 41-2-1 provides that any party or entity could be liable for the wrongful death of another person. This means the bus driver and/or the bus company could be liable for any wrongful death, such as the wrongful death of Jason Marshall.
2) Who Could File a New Mexico Wrongful Death Action after a Fatal Bus Accident? Under New Mexico law, section 41-2-3 provides that a personal representative can file a NM wrongful death case. A personal representative is usually a surviving spouse or parent, but can also be an adult child or other family member. A court may be petitioned to appoint a representative, or in some instances a person’s may appoint a personal representative in his or her Last Will. Only one action needs to be filed to protect the rights of all dependents and people who may be entitled to compensation for a wrongful death.
3) How Long Do You Have to File a New Mexico Wrongful Death Action? Under New Mexico law, section 41-2-2 requires that a wrongful death action be filed within three years after the date of death. This is known as a statute of limitations period, and any action that is commenced after the statute of limitations period may be automatically dismissed.
Still Have Questions About the Fatal NM Charter Bus Accident in Pueblo? Ask Us
If you or a loved one have been seriously injured or if a loved one was wrongfully killed in any type of auto accident, especially a trucking accident or bus accident like the fatal NM charter bus accident in Pueblo, Colorado, please call our experienced Albuquerque, New Mexico bus accident lawyer at the Caruso Law Offices, P.C. by dialing (505) 883-5000 to learn how we can help protect your rights to compensation.
We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Las Cruces, Santa Fe, Roswell, or anywhere else. Call the Caruso Law Offices, P.C. by dialing (505) 883-5000 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.