Nothing is more shocking and painful than losing a cherished loved one in an accident. As you cope with losing a loved one, you may go through numerous stages of loss and grief. Often, people come to a point where they ask themselves, how did this happen? Who is to blame?
If a careless individual or company caused the death of your family member, you may be entitled to compensation for your losses. At Parnall Law, our Albuquerque personal injury lawyers understand that money can’t bring back your loved one, but it can help create stability during this uncertain and challenging time.
What Makes Up a Wrongful Death Claim?
New Mexico law defines wrongful death as a death caused by the wrongful act, neglect, or default of another. Essentially, the law states that if the person could have pursued a personal injury lawsuit if they had survived, a wrongful death action is allowed.
Typically, several types of events may trigger a wrongful death lawsuit. Negligence-based incidents include car and truck accidents. Defective product actions can result if someone is killed when using a product as it was intended to be used. Medical malpractice can result in wrongful death cases. Additionally, intentional acts like murder or assault can lead a family to seek compensation through a wrongful death lawsuit.
Wrongful death lawsuits are civil actions. These cases give families the legal means to recover financial compensation for burial expenses, funeral costs, lost wages, and emotional distress. A wrongful death lawsuit is not a criminal prosecution and does not result in imprisonment or other criminal punishments.
How to Know If You Can File a Wrongful Death Claim
In New Mexico, only the personal representative of the deceased individual’s estate can pursue a wrongful death case. Typically, this individual is named in the deceased person’s will as the executor. The court can appoint a personal representative if the victim did not have a will.
Although the personal representative is the only one with the power to file a wrongful death lawsuit in New Mexico, any proceeds recovered from the lawsuit are distributed to the deceased individual’s surviving family members in a specific order of priority, starting with the surviving spouse and children.
How Parnall Law Can Help
At Parnall Law, we get results. Bert Parnall is a former Albuquerque Bulldog who maintains a bulldog-like approach to this day, aggressively seeking justice for his clients. We can review the circumstances of your case, collect the available evidence, and negotiate for maximum compensation. Our wrongful death lawyers treat you with the compassion and respect you deserve as an Albuquerque attorney tenaciously pursues compensation for you and your family.
At Parnall Law, we want to help you hold accountable the careless individual or company that caused your loved one’s passing. Talk to us if you have questions about pursuing a wrongful death lawsuit. You can contact our office today for help and to arrange a free legal consultation.