Losing a loved one unexpectedly is an unimaginable pain that can affect loved ones for years to come. Knowing that the death could have been prevented had someone not acted negligently may feel unbearable. You may not know how you can seek justice for your loved one, but the Gallup personal injury attorneys from Caruso Law Offices can help explain your legal rights during a free consultation. Call us today at (619) 231-1830 to discuss your case.
You may have the right to file a wrongful death claim to pursue some semblance of justice while securing financial compensation to ease some of the economic burden caused by the untimely death. If your case involves a motor vehicle crash, review our car accident lawyer page for more information.
What Is a Wrongful Death in Gallup?
A wrongful death in New Mexico occurs when someone dies due to the “wrongful act, neglect, or default of another.” New Mexico’s Wrongful Death Act defines wrongful death, as well as who can file a wrongful death claim, and who can benefit from it.
Following a wrongful death, the survivors may have two options:
-
Filing a wrongful death action, in which the surviving family of the decedent files a claim to recover compensation, such as loss of income, inheritance, and more, based on the particular losses they suffered.
-
Filing a survival action, in which the victim’s estate files a legal claim to pursue compensation the victim would have been able to recover if they had survived the accident, such as medical bills, lost wages, and pain and suffering.
An experienced Gallup wrongful death attorney can evaluate the circumstances surrounding your loved one’s death and explain if you have the right to file one or both of these legal actions.
Common Causes of Wrongful Death
Motor vehicle accidents are a leading cause of wrongful death in the United States. Various types of motor vehicle accidents can result in wrongful deaths, including:
-
Car accidents
-
Bicycle accidents
-
Hit-and-run accidents
-
Drunk driving accidents
Learn more about our experience with catastrophic crashes by visiting our truck accident lawyer page.
What Damages Can We Seek in a Gallup Wrongful Death Claim?
In a New Mexico wrongful death claim, the following damages are recoverable:
-
Burial and funeral expenses
-
Loss of future earnings
-
Loss of support
-
Loss of benefits
-
Loss of inheritance
-
Pain and suffering
-
Mental anguish
-
Loss of companionship
An experienced wrongful death lawyer can identify all the damages you can claim as part of your wrongful death case.
Who Can File a Wrongful Death Claim in Gallup?
New Mexico limits the right to file a wrongful death claim to the personal representative of the decedent’s estate. This could be the person named as the executor in the will or someone the court specifically appoints to this position. Often, the decedent’s surviving spouse, adult child, or parent may be named the personal representative.
The personal representative files the case on behalf of the family members who would stand to inherit under the state’s laws of intestacy.
Is There a Time Limit for Filing a Wrongful Death Lawsuit in Gallup?
N.M. Stat. § 37-1-8 requires loved ones to file a lawsuit within three years from the date the victim dies if they have not already settled their case. An experienced Gallup wrongful death attorney can help ensure you take timely legal action in your case.
Contact Our Gallup Wrongful Death Lawyers Today
If you have lost a loved one due to someone else’s negligence, the compassionate Gallup wrongful death lawyers at Caruso Law Offices are here to help ease the burden as much as possible. We can seek justice for your loved one and hold the responsible parties accountable for the tragic outcome. Call (619) 231-1830 today for a free, no-obligation consultation.