What Is a Wrongful Death Claim?
What Is a Wrongful Death Claim?
In a wrongful death claim, you will be seeking compensation to repay you for the damages your family and loved one endured due to the wrongful actions of the at-fault party. To be successful, you and your lawyer must prove fault based on a preponderance of the evidence.
Causes of Wrongful Death Cases in Santa Fe
Nearly any accident has the potential to cause a fatal injury, but some occur more frequently than others in the Santa Fe area. Motor vehicle accidents, for example, are prevalent. Santa Fe has some of the highest recorded numbers of motor vehicle crashes in New Mexico, with crashes involving intoxicated drivers accounting for nearly half of all crash-related fatalities in Santa Fe County.
Cerrillos Road has been identified as a frequent site for severe motor vehicle accidents and is the most common roadway for crash-related fatalities in Santa Fe. Between 2019-2021, there were 5,532 crashes at intersections or within 150 feet of street crossings in Santa Fe, which law enforcement mostly attributed to distracted drivers and heavy traffic.
Santa Fe Area Wrongful Death Causes
Common incidents that can result in the death of a loved one in the Santa Fe area include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Slip-and-fall accidents
- Dog bites and attacks
- Premises liability accidents
- Defective products
- Work-related accidents
- Construction accidents
- Medical malpractice
- Assault and physical violence
- Nursing home abuse
- Los Alamos National Laboratory-related accidents
- Government contractor workplace fatalities
- Tourism-related accidents (hiking, outdoor recreation)
High-Risk Areas and Situations in Santa Fe
Santa Fe’s unique characteristics create specific wrongful death risks:
Traffic-Related Fatalities
- Cerrillos Road: The most dangerous roadway in Santa Fe for fatal crashes
- Interstate 25: High-speed corridor with challenging mountain terrain
- US Highway 84/285: Major route with recent fatal wrong-way crashes and commercial vehicle accidents
- Los Alamos “Truck Route” (NM 501/E. Jemez Road): Site of multiple fatal crashes involving LANL commuters
- St. Francis Drive and other downtown areas: Heavy traffic and complex intersections
Workplace and Government-Related Deaths
- Los Alamos National Laboratory: Specialized nuclear materials handling with unique safety risks
- Government contractor operations: Federal facility work with heightened safety requirements
- Construction projects: Both private and government building projects
- Tourism industry accidents: Hotels, restaurants, and entertainment venues
Recent Santa Fe Area Fatal Incidents
Recent tragic incidents highlight the types of wrongful death cases our attorneys handle:
- Fatal multi-vehicle crashes on I-25 involving police pursuits
- Wrong-way driving fatalities on US 84/285
- Head-on collisions on the Los Alamos Truck Route
- Workplace violence at local businesses
- LANL commuter traffic accidents
It does not matter whether the person responsible intended to cause your loved one’s death or not. Whether the death was accidental or willful, if the at-fault party’s actions resulted in a death, they should be held accountable.
Who Can File a Wrongful Death Claim?
But before your wrongful death lawsuit can proceed, you need to ensure that you have the authority to file. Under New Mexico’s wrongful death statute, only the personal rep of the decedent’s estate can file a wrongful death lawsuit. This party may have been named in the decedent’s will. It could be virtually anyone the decedent entrusted to handle their estate.
More often than not, wrongful death claims are filed by:
- The decedent’s spouse
- The decedent’s parents
- The decedent’s adult children
- Other people the decedent trusted with finances
If the decedent did not name a personal rep to handle their estate, the court will appoint a personal representative to file the wrongful death lawsuit.
Who Recovers Wrongful Death Compensation?
The personal rep of the decedent’s estate may have the duty of filing the wrongful death lawsuit. But that doesn’t mean that this party collects the damages.
The estate holds the compensation awarded in a wrongful death case. The damages are then used to benefit the surviving family members.
If the decedent has surviving children or grandchildren and a spouse, half of the damages will be awarded to the children and grandchildren. The other half will be paid to the decedent’s surviving spouse.
If the decedent did not have any children but has a surviving spouse, all damages will be paid to the spouse. Additionally, damages are distributed per New Mexico’s right of representation laws if the decedent only had children or grandchildren.
Types of Wrongful Death Compensation
Santa Fe wrongful death lawsuits are unique. You can think of them as personal injury claims filed on behalf of an injury victim who succumbed to their injuries. This means that families should be repaid for both economic and non-economic damages.
Economic damages refer to direct financial losses. Non-economic damages, on the other hand, consist of all of the other ways in which your loved one’s life and your family’s lives have been affected by the death.
Common damages awarded in Santa Fe wrongful death claims include:
Not all damages are available for all surviving family members. The damages that you can be awarded will be dependent on your relationship with the decedent.
Punitive Damages
Economic and non-economic damages aren’t the only damages your family could be awarded either. If your loved one was killed due to gross negligence, or if the judge finds the actions of the liable party to be reprehensible, you may be awarded punitive damages as well.
Courts don’t award punitive damages in wrongful death cases often. But when they do, it is because they want to punish the at-fault party. By sending a message that the Santa Fe civil court system will not tolerate the type of action in question, they may prevent similar incidents and future suffering.
Santa Fe Wrongful Death Case Considerations
Government and Federal Contractor Cases
Given Santa Fe’s proximity to Los Alamos National Laboratory and significant government contractor presence, many wrongful death cases involve federal entities or contractors. These cases often require:
- Understanding of federal tort claim procedures
- Knowledge of specialized workplace safety regulations
- Experience with security clearance and confidentiality issues
- Familiarity with government contractor liability structures
Tourism-Related Deaths
As a major tourist destination, Santa Fe sees wrongful deaths involving:
- Visitors unfamiliar with local roads and conditions
- Hotel and restaurant liability issues
- Recreational activity accidents
- Historic property hazards
Unique Local Factors
Santa Fe wrongful death cases may involve:
- Weather conditions: High elevation, snow, ice, and monsoon-related accidents
- Historic architecture: Building code variations and maintenance challenges
- Mountain terrain: Dangerous driving conditions on I-25 and other mountain routes
- Cultural events: Large gatherings like Santa Fe Fiesta creating crowd-related risks
Why Choose Law Giant for Your Santa Fe Wrongful Death Case
Our Santa Fe wrongful death attorneys have extensive experience with the unique aspects of wrongful death cases in northern New Mexico, including:
- Government and federal contractor liability
- Complex multi-vehicle crashes on dangerous Santa Fe roadways
- LANL-related workplace accidents
- Tourism industry liability
- Historic property and premises liability deaths
We understand the local court system, have relationships with area experts, and know how to navigate the specific challenges that Santa Fe wrongful death cases present. Our compassionate approach ensures your family receives the support you need while we aggressively pursue the justice and compensation you deserve.
Contact Law Giant Injury Lawyers today for a free, confidential consultation about your wrongful death case. We’re here to help you through this difficult time and ensure those responsible are held accountable.
