Albuquerque Wrongful Death Lawyer
Put Over a Decade of Experience in Your Corner
Losing a loved one in a preventable accident caused by another party’s negligence is both heartrending and infuriating. In order to find some sense of closure and justice, you may need to file a wrongful death claim against the accountable parties. Michael J. Doyle, Attorney at Law, can help you create and manage your case.
From analyzing the scene of the accident in great detail to speaking with medical professionals and insurance companies, our goal is to do the most we can so you can focus on coming to terms with your loss and finding peace of mind again.
Contact our Albuquerque wrongful death attorney by calling (505) 219-2176 today for the compassionate legal representation you deserve.
New Mexico Wrongful Death Compensation Cases
Every wrongful death case is unique to the circumstances that led to the accident. Depending on who is the decedent and who caused the incident, you may be able to seek compensation that covers a range of damages.
When building your case, we will consider the following damages:
- Burial and funeral costs
- Medical costs related to accident
- Wages or income the decedent would have eventually earned
- Emotional support or companionship lost
- Loss of potential inheritance
- Decedent’s pain and suffering due to accident
As with many other states, New Mexico State law allows close relatives to file a wrongful death case. However, if no direct representative will file a case, the court may actually choose someone else to do so. In some cases, this could be a close colleague or more distant relative.
Types of Accidents Leading to Wrongful Death Claims
Wrongful death claims arise from a variety of unfortunate incidents, each with its own set of circumstances and legal implications. Understanding what types of incidents can lead to wrongful death claims is crucial for individuals seeking legal recourse in Albuquerque or elsewhere. Here are some common scenarios where wrongful death claims may arise:
- Car Accidents: One of the leading causes of wrongful death claims is car accidents. These accidents can occur due to various factors such as reckless driving, driving under the influence, or negligence on the part of another driver. When a loved one dies in a car accident caused by someone else's actions or negligence, surviving family members may have grounds for a wrongful death lawsuit.
- Medical Malpractice: Medical professionals have a duty to provide a certain standard of care to their patients. When they fail to uphold this standard and their actions result in the death of a patient, it may constitute medical malpractice. Examples of medical malpractice leading to wrongful death include surgical errors, misdiagnosis, medication errors, or failure to diagnose a serious condition.
- Defective Products: Product manufacturers have a duty to ensure their products are safe for consumer use. However, defects in design, manufacturing, or marketing can lead to fatal accidents. Examples of defective products causing wrongful death include faulty vehicle components, dangerous pharmaceuticals, or defective household appliances.
- Dangerous Premises: Property owners have a duty to maintain safe premises for visitors and guests. Failure to address hazards such as slippery floors, inadequate security, or faulty infrastructure can result in fatal accidents. If someone dies due to dangerous premises conditions, their family may have grounds for a wrongful death claim against the property owner or manager.
Who Can File a Wrongful Death Lawsuit?
In New Mexico, like in many other states, specific laws govern who can file a wrongful death lawsuit on behalf of a deceased person. Understanding who has the legal standing to pursue a wrongful death claim is essential for those seeking justice for their loved ones. Here are the key parties typically eligible to file a wrongful death lawsuit:
- Immediate Family Members: In most cases, immediate family members such as spouses, children, and parents of the deceased have the primary right to file a wrongful death lawsuit. These individuals are often the most directly impacted by the loss and may seek compensation for damages such as lost financial support, companionship, and emotional distress.
- Personal Representative of the Estate: If the deceased did not have immediate family members or if they are unable or unwilling to pursue legal action, the personal representative of the deceased's estate may file a wrongful death lawsuit on behalf of the estate and any beneficiaries.
- Distant Relatives or Dependents: In some instances, distant relatives or dependents who relied on the deceased for financial support or care may be entitled to file a wrongful death claim. However, the specific eligibility criteria may vary depending on state laws and the circumstances of the case.
Free Consultation When You Need It
Our Albuquerque wrongful death lawyers do not want to rush you into any decisions, but you should be aware that you are only permitted a certain amount of time to file a wrongful death lawsuit; once that time expires, you will be unable to take legal action.
If you would like to know more about your legal options but are not quite ready to commit, we encourage you to request a free case evaluation with our wrongful death attorney. We can sit down with you and listen closely to your claims.
Call our firm at (505) 219-2176 today for more information.