Albuquerque Wrongful Death Attorney

Trust Over a Decade of Experience for Your Wrongful Death Case in Albuquerque, NM

Losing a loved one in a preventable accident caused by another party’s negligence is heartrending and infuriating. To find some sense of closure and justice, you may need to pursue a wrongful death claim against the accountable parties. Michael J. Doyle, Attorney At Law, can help you manage your legal needs as an experienced wrongful death lawyer in Albuquerque.

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 Claims

Every wrongful death claim is unique to the circumstances that led to the accident. Depending on who the decedent is and who caused the incident, you may be able to seek compensation that covers a range of damages with the help of a wrongful death lawyer in Albuquerque. Understanding the various components of damages is critical when assessing how comprehensive a compensation package can be. 

In New Mexico, damages can be categorized broadly into economic damages, which are tangible and financial in nature, and non-economic damages that pertain to emotional and psychological losses. 

When building your claim, we will consider the following damages:

• Burial and funeral costs
• Medical costs related to the 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 the accident

As with many other states, New Mexico State law allows close relatives to file a wrongful death claim. However, if no direct representative will file a claim, the court may actually choose someone else to do so. In some cases, this could be a close colleague or more distant relative.

Understanding New Mexico's Wrongful Death Statute of Limitations

In New Mexico, a claim generally must be filed within three years from the date of the decedent's death to be eligible for court proceedings. This timeline is strict, emphasizing the need for timely legal action to preserve the right to seek compensation. 

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 incidents can occur due to factors such as reckless driving, driving under the influence, or negligence on the part of another driver. 
• 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, such as surgical errors, misdiagnosis, medication errors, or a 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. 

Each of these scenarios brings its own challenges and legal nuances that require thorough investigation and understanding. It is important to consult with legal professionals who can evaluate the specific details of the incident and build a robust claim. Synthesizing all evidence, expert opinions, and circumstances surrounding the event, Michael J. Doyle, Attorney At Law aims to hold all responsible parties accountable under the provisions of New Mexico law.

Who Can File a Wrongful Death Lawsuit in New Mexico?

In New Mexico, as 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 claim.

Understanding your rights and roles in filing a wrongful death lawsuit can be daunting. At Michael J. Doyle, Attorney At Law, we aim to demystify the legal process, providing clear guidance to help families navigate the complexities of wrongful death claims in New Mexico. 

Free Consultation with Albuquerque Wrongful Death Lawyers

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.

Dial (505) 219-2176 to schedule a free consultation. Our wrongful death lawyer in Albuquerque, NM, can support you and your loved ones during this challenging time.

Common Questions About Wrongful Death Claims in Albuquerque

What Is the Difference Between a Wrongful Death Claim & a Criminal Case?

A wrongful death claim is a civil case brought by the deceased person’s estate or family to seek financial compensation, while a criminal case is pursued by the state to punish unlawful conduct through fines or imprisonment. Wrongful death claims use a lower burden of proof, a ‘preponderance of the evidence’ compared to the ‘beyond a reasonable doubt’ standard in criminal cases. Because they are separate proceedings, a defendant may be found not guilty in criminal court but still be held liable in a civil wrongful death case.

Can a Wrongful Death Claim Be Filed If There Is an Ongoing Criminal Investigation?

Yes. A wrongful death claim can proceed even if a criminal investigation or trial is ongoing. Civil and criminal cases are independent. A wrongful death attorney in Albuquerque can help guide families through this process while criminal proceedings are pending.

Is There a Cap on Damages for Wrongful Death Claims in New Mexico?

New Mexico does not impose a general cap on damages in wrongful death claims. Courts may award compensation for both financial losses and non-economic harm, and punitive damages may be available in cases of extreme negligence or intentional wrongdoing.

What Factors Influence the Duration of a Wrongful Death Lawsuit?