Albuquerque Wrongful Death Attorneys

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 Albuquerque

Nearly any accident has the potential to cause a fatal injury, but some occur more frequently than others. Motor vehicle accidents, for example, are prevalent. Albuquerque, NM alone has seen more than 165 traffic fatalities as of May 2021. Many of these car and truck accidents were caused by driver negligence. That might include distracted, drunk, drowsy, drugged, or risky driving like speeding.

Common incidents that can result in the death of a loved one 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

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

Albuquerque 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 Albuquerque wrongful death claims include:

• Medical expenses relating to their fatal injuries
• Loss of income and earning potential
• Lost inheritance and benefits
• Lost financial household contributions
• Reasonable funeral and burial expenses
• The physical pain suffered by the decedent
• The emotional distress suffered by the decedent
• Loss of closeness and love
• Loss of society and support
• Loss of guidance and advice
• Mental anguish caused by the loss of a child, spouse, or parent

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 Albuquerque civil court system will not tolerate the type of action in question, they may prevent similar incidents and future suffering.