Understanding Wrongful Death After Trucking Accident in New Mexico
The ultimate personal injury after a New Mexico trucking accident is wrongful death. Families who have lost a loved one after an 18 wheeler wreck have certain rights under New Mexico law. These rights under New Mexico law do not bring back a loved one, but they can help support the family after the tragic accident. Out of all types of auto accidents, trucking accidents with large commercial vehicles such as 18 wheelers, big rigs, semi tractor trailers, tankers, and other box trucks are more likely to cause fetal injuries. This is because of their sheer size and weight which generate significant momentum and explosive force in a collision.
Our Albuquerque trucking accident lawyers know that families who have lost a love one in a wrongful death accident will have physical, emotional, and financial burdens to deal with during this trying time. These burdens are all caused by the reckless, careless, and downright negligent conduct of a truck driver for trucking company. If you have lost a loved one in any New Mexico auto accident, especially a trucking accident, learn how we can protect your rights to compensation under New Mexico.
What is Wrongful Death Defined as Under New Mexico Law
Not every death is a wrongful death. Under New Mexico Stat. section 41-2-1, “[w]henever the death of a person shall be caused by the wrongful act, neglect or default of another, although such death shall have been caused under such circumstances as amount in law to a felony, and the act, or neglect, or default, is such as would, if death had not ensued, 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 ensued, shall be liable to an action for damages, notwithstanding the death of the person injured.”
Therefore, under New Mexico law a wrongful death action is only proper when the victim, had he or she not passed away, could have maintained an action against the negligent truck driver, trucking company, or other entity or individual who may be liable for causing the the injuries in the first place. This requires a family member who seeks to file an wrongful death action to prove these three elements:
- Negligent conduct caused the death of an individual;
- The negligent conduct caused the death of the individual; and
- If the individual did not pass away he or she would have been able to maintain a personal injury action against the negligent truck driver, trucking company, or other entity responsible.
How Long to Commence a Wrongful Death Action in New Mexico
After the wrongful death of a family member it can be extremely difficult to think about anything but the death of a loved one. However, new Mexico law places time limits on filing a wrongful death claim. All states have these time periods which must be strictly complied with or even a meritorious claim may be automatically dismissed by the court. These time periods are known as the statute of limitations.
Under New Mexico stat. 41-2-2, the statute of limitations for wrongful death is three years from the date of death. This means that a personal representative must file a wrongful death action within three years of the death of a loved one or the case maybe automatically dismissed. This is why it is imperative to hire an Albuquerque wrongful death attorney.
Wrongful Death Attorney After New Mexico Trucking Accident
If you lost a loved one in a New Mexico trucking accident, please ask our Albuquerque wrongful death lawyers for help today. We can fight to protect your rights to compensation by ensuring that your claims are filed within the strict time limits set forth by New Mexico law. Call to schedule your FREE appointment with our lawyers at the Caruso Law Offices, P.C. by dialing (505) 883-5000.
We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.