How do you prove wrongful death?

To establish a wrongful death claim, one must prove key legal elements, including duty of care, breach of that duty, causation, and damages. How do you prove wrongful death? You must prove your loved one died as a result of someone else’s negligence. At Parnall Law, the attorneys are aware of how devastating the loss of a loved one may be and are here to help walk families in New Mexico through this tough process.

What is wrongful death?

Wrongful death refers to a civil cause of action brought by family members and dependents against individuals whose negligence or intentional actions caused the death of another person. These claims enable family members or beneficiaries to seek compensation for the emotional and financial losses tied to the decedent’s death. Such actions may proceed even if the responsible party faces criminal charges for the event or is acquitted, as the burden of proof is lower in civil court.

In New Mexico, wrongful death laws are designed to ensure that the deceased’s rights are preserved, even after their passing. These laws allow the family or estate representative to pursue justice and compensation for the losses caused by negligence or wrongful actions.

Wrongful death cases are always emotionally charged and complicated legally. It is necessary to know about the legal structure behind these claims. Common examples of situations leading to wrongful death claims include:

• Fatal car accidents caused by reckless drivers
• Medical malpractice cases
• Defective products causing fatal injuries
• Workplace accidents

These cases demand financial compensation and to hold negligent parties accountable for their actions. Most families experience immense grief and significant financial strain after a loved one’s death, and skilled attorneys play significant roles in advocating for just compensation.

How do you prove wrongful death?

Four elements of negligence—duty, breach, causation, and damages—must be established to prove wrongful death.

Duty of Care

The first element to be proven in a wrongful death case is the duty of care that the defendant owed to the deceased. It means that it is the defendant’s responsibility to act reasonably and safely so as not to cause injury to another. For example, drivers have the duty to drive carefully and follow all road rules.

Duty may be established from applicable laws or rules. For example, the rules of the road are clearly outlined for drivers, and healthcare providers have a duty based on standards of medical care.

Breach of Duty

One must then establish that the defendant breached the duty of care; he fell below the standard of care. The driver who ran the red light that caused the accident took too many liberties by not adhering to traffic laws. A breach is commonly established using video evidence, accident reconstruction reports, or expert testimony to prove the defendant acted negligently.

Causation

When it comes to establishing a breach of duty, one then must prove that, in fact, this breach actually caused the death of your loved one. In the example above, you must show that the driver’s failure to stop at the red light directly caused the fatal crash. Establishing causation involves detailed investigations and often requires expert opinion to establish connections between the breach of duty and the tragic outcome.

Damages

Finally, proof of the loss incurred from the person’s death is required. Losses could include medical bills and burial, loss of income, and other psychological effects on the remaining family members. The courts assess these losses for adequate damages, and a good lawyer can help assemble all the documents supporting your case.

All these elements require supporting evidence, including police reports, medical records, expert testimony, and witness statements.

Who can file a wrongful death suit?

In New Mexico, wrongful death claims can typically be filed by a representative of the deceased’s estate. This representative acts on behalf of the surviving family members. According to New Mexico law, the damages recovered are distributed among the surviving family members in a specific order of priority:

1. If the deceased had a surviving spouse and children, they would share the compensation.
2. The spouse would receive all the damages if the deceased had no children.
3. In cases with no spouse, the deceased’s children inherit the full amount.
4. If no immediate family members are absent, the damages may go to other close relatives, such as parents or siblings.

Understanding who can file is essential to initiating a successful claim. Not everyone affected by the loss has legal standing, so clear guidance from an attorney is valuable. The individuals filing the claim need to have a legitimate interest in the suit and be what’s described as the “real parties in interest.” This ensures that only those directly impacted by the loss can seek justice.

What damages are available?

Families in wrongful death cases can request various forms of compensation depending on the facts of the case. These are considered economic and non-economic, and on occasion punitive damages:

Economic Damages

These refer to tangible losses experienced due to the decedent’s passing. Examples include medical expenses incurred before death, funeral and burial costs, and the loss of the deceased’s future income. These damages are measurable and directly tied to financial losses.

Non-Economic Damages

These address the emotional and psychological impact on surviving family members. They include compensation for the loss of companionship and guidance and the emotional pain and suffering experienced due to the loss.

Punitive Damages

In cases of gross negligence or intentional misconduct, punitive damages may be awarded by the court to punish the wrongdoer and serve as a deterrent in the future.

Damages in wrongful death cases are often very complex, requiring expert testimony to estimate future earnings and quantify emotional losses. The families benefit from legal advocates who can navigate these complexities while focusing on their recovery.

Contact a New Mexico wrongful death lawyer today

If you are thinking, How do you prove wrongful death? The process can be overwhelming. At Parnall Law, we’re committed to compassionate, competent legal representation for families throughout New Mexico. Call us today at (505) 268-6500 to talk with one of our lawyers about your case so we can begin explaining how to seek justice on behalf of your loved one.