Losing a loved one unexpectedly can be tragic and leave a lasting impact on surviving family members. When someone’s negligence or intentional actions cause that death, it is considered a wrongful death. In these devastating circumstances, having the guidance and support from an experienced Grants wrongful death attorney can make all the difference.
Caruso Law Offices provides dedicated legal representation to accident victims and their families. Contact our Grants personal injury attorney today for a free, no-obligation consultation to discuss your legal rights and options.
Types of Legal Claims Following a Death
Losing a loved one can be tragic and disorienting. You might not understand your rights or the steps you can take to fight for justice.
Some circumstances that might cause the wrongful death of your loved one may include fatal car accidents, truck crashes, or motorcycle collisions caused by another party’s negligence.
Depending on the circumstances, a series of legal claims may follow a loved one’s death, including:
- A criminal case – Prosecutors may file criminal charges when the death involved criminal acts, such as murder or drunk driving. This type of case aims to punish the defendant and deter others in society from making the same decisions. However, prosecutors do not directly represent the interests of the victim’s family. They may make deals or dismiss charges, leaving the family feeling they had no justice.
- A wrongful death claim – A wrongful death claim is a civil claim that seeks compensation from the defendant who was responsible for the death. The surviving family can recover compensation for their loss of financial support, inheritance, and grief.
- A survival action – The victim’s estate may also be able to file a survival action to recover compensation for the damages the victim sustained between the accident and the time of death, such as lost wages, medical bills, and pain and suffering.
All three of these cases may be going on at the same time.
Who Files a Wrongful Death Case in New Mexico?
Only specific people can file a wrongful death case in New Mexico, including the decedent’s surviving spouse, children, parents, or siblings. The personal representative of the estate files survival actions.
Financial Damages Awarded in Wrongful Death Cases
In a wrongful death claim, the decedent’s survivors may be able to request compensation for their economic and non-economic damages, which might include:
- Loss of future earnings
- Loss of pension benefits
- Loss of inheritance
- Burial costs
- Funeral expenses
- Pain and suffering
- Mental anguish
- Loss of companionship
Some cases may call for a demand for punitive damages to punish the defendant for particularly egregious actions.
Under New Mexico law, the proceeds of a wrongful death case go solely to the surviving spouse if there are no children. Children and grandchildren receive half of the compensation when there is a surviving spouse or all of the proceeds when there isn’t one.
Parents receive the proceeds if the victim was under 18 years old, unmarried, and had no children. Siblings receive the proceeds when there is no surviving spouse, children, grandchildren, or parents.
Contact Our Compassionate Grants Wrongful Death Lawyers for Help
At Caruso Law Offices, we understand that what you really want is just one more day with your loved one. While we can’t deliver that, we can deliver compassionate legal services and advocacy to help you hold the parties responsible for your loved one’s death accountable. Call us today at (505) 883-5000 or complete our online contact form to schedule a free consultation.