New Mexico Wrongful Death Attorney
How Our Wrongful Death Attorney Can Help
Damages that may be recoverable in a Wrongful Death Claim include funeral and burial expenses, final medical expenses of the decedent, loss of inheritance and income, and non-economic damages like pain and suffering, emotional distress, and loss of affection, companionship, and guidance.
At Raymon Law Group, our Albuquerque Wrongful Death Attorney possesses the expertise and experience necessary to hold negligent parties liable while pursuing damages effectively in a Wrongful Death Claim.
Contact us at (505) 257-4689 for Free Consultation.
New Mexico Wrongful Death Lawyer
What Is a Wrongful Death Under New Mexico Law?
A wrongful death claim is a civil action by surviving family members or the estate of the deceased against someone who has caused a death through negligence, recklessness, or intentional conduct.
These claims seek financial compensation for damages resulting from the untimely loss of a loved one.
Wrongful Death AttoRney New Mexico
What Types of Accidents Can Result in Wrongful Death?
Car Accident
Car accidents: When a drunk or distracted driver, or one driving recklessly, causes a fatal car crash, it can lead to a Wrongful Death Claim. Contact our experienced Wrong Death Attorney today for instant support.
Commercial Truck Accidents
Commercial Truck Accidents: Big rigs can weigh up to 80,000 pounds or more and can cause catastrophic or fatal injuries when colliding with much smaller passenger vehicles. Because of this, truck drivers are held to a higher standard or care. Negligence on the part of a trucker or trucking company that results in someone’s death can give rise to a wrongful death claim.
Motorcycle Accidents
Motorcycle Accidents: Many Motorcycle Accidents occur because of negligent drivers operating four-wheeled vehicles. In these types of situations, a driver who was under the influence, distracted, or driving aggressively and cause the death of a rider may be held liable for wrongful death damages.
Pedestrian Accidents
Pedestrian accidents: According to the NHTSA, New Mexico had the highest pedestrian fatality rate in the country in 2020. A driver who is reckless, distracted, impaired, or careless and causes a pedestrian’s death can be held liable in civil court.
Construction Site Accidents
Construction Site Accidents: OSHA safety regulations are in place to protect workers. Reckless or negligent employers and third parties that disregard safety rules and put the lives of workers at risk can be held responsible for their negligence.
Medical Malpractice
Medical Malpractice: Medical error is one of the leading causes of injury and death for citizens of the U.S. The forms in which these errors occur include, but are not limited to, failure to diagnose or treat, misdiagnosis, surgical errors, anesthesia errors, birth injuries, healthcare acquired infections, and prescription medication errors. When a healthcare provider makes a fatal mistake, that provider can be sued for wrongful death.
Product Liability
Product liability arises in cases where a manufacturer, distributor, or retailer becomes liable for releasing a defective product or one that is dangerous to a consumer. When these defects cause fatal injuries, they might constitute the basis of a claim for wrongful death. Common scenarios include:
Defective Design: A product, by design intrinsically unsafe-a vehicle susceptible to rollovers-is capable of causing fatal accidents even when used properly.
Manufacturing Defects: In a production process, errors may come in the form of faulty medical devices or tainted food, causing fatal impacts.
Failure to Warn: Inadequate instruction or lack of warning about potential hazards, such as dangerous side effects of certain prescribed drugs, may lead to fatal misuse or exposure.
In the event of such tragedy, surviving family may be left with a case of wrongful death, and such compensation may be sought by family members. Raymon Law Group’s seasoned Wrongful Death Lawyers are committed to holding negligent parties accountable and ensuring families receive the support they need during these difficult times.
Workplace Accidents
Workplace accidents can be considered wrongful death if unsafe conditions or negligence cause fatal injuries, including:
Unsafe Environments: Poorly maintained equipment or hazardous materials.
Lack of Training: Inadequate training in safety can lead to fatal mistakes.
Negligent Supervision: Lack of enforcement of safety practices.
Defective Equipment: Poor functioning tools or machinery.
Toxic Exposure: Long-term exposure to harmful chemicals. Surviving families can file Wrongful Death Claims to find justice and reparation. Raymon Law Group is here for you to guide you through this difficult process.
Who Can Be Held Liable in the Event of a Wrongful Death?
Several parties may be held liable in a wrongful death case, depending on the circumstances. These can include:
Individuals:
Drivers, property owners, or others whose negligent actions caused the death.
Employers:
Companies may be liable for workplace accidents due to unsafe conditions or lack of training.
Manufacturers:
Producers of defective products or equipment that led to fatal injuries.
Property Owners :
Premises liability laws may hold property owners responsible if unsafe conditions led to the death.
Medical Professionals:
Doctors or healthcare providers whose negligence resulted in a patient’s death.
Government Entities:
In cases involving unsafe public infrastructure or negligence by public employees.
Who Can File a Wrongful Death Claim in New Mexico?
In New Mexico, a Wrongful Death Claim may be filed by the personal representative of the estate of the deceased for the benefit of surviving family members and dependants. The statute of limitations is three years. This means that you must file a Lawsuit within three years of the date of death, or your Claim will be forever barred. State law specifies how wrongful death damages will be divided.
- Surviving spouse receives all the award if there are no children.
- If there is a surviving spouse and one or more children or grandchildren, one-half of the award goes to the surviving spouse and one-half goes to the children or grandchildren.
- If there is no surviving spouse but there are surviving children or grandchildren, the award is divided among the children or grandchildren according to New Mexico right of representation law.
Why Choose New Mexico Wrongful Death Attorneys?
It is very important to have the right Wrongful Death Attorney during such a difficult time. Raymon Law Group consists of experienced Personal Injury attorneys that have successfully handled many Wrongful Death Cases throughout New Mexico. We also offer personalized attention to our clients, understanding the emotional devastation these cases bring, and provide compassionate, dedicated support in a manner specific to your family’s needs. Aggressively fighting to hold responsible parties accountable and working tirelessly to secure the maximum compensation you deserve are just some of the services our team provides.
Raymon Law Group operates on a contingency basis, and thus you do not pay any fee unless we win your case. Trust Raymon Law Group to stand by your side and pursue justice for your loved one.
Location Served
We Represent
Individuals & Families
throughout New Mexico
Raymon Law Group’s Albuquerque personal injury lawyers are based at our main office in the heart of downtown Albuquerque at 500 Marquette Ave. NW, Ste. 1200.
We also have our Office at Santa Fe located at 150 Washington Ave, Suite 201. If you’re unable to visit us, our attorneys are happy to meet you at your home or hospital to discuss your case.
FAQ: New Mexico Wrongful Death Lawyer
A wrongful death claim is a lawsuit filed by surviving family members or representatives of a deceased individual whose death was caused by the negligent, reckless, or intentional acts of another party. The claim aims to provide compensation for the financial and emotional losses related to the death.
New Mexico law provides that the wrongful death claim must be brought by the personal representative of the deceased person's estate. The award of the claim is then distributed to the decedent's surviving family members, like a spouse, children, or parents, in accordance with state law.
Damages in a wrongful death case can include, but are not limited to, medical expenses, funeral costs, loss of income and benefits, loss of companionship, and pain and suffering experienced by the surviving family members.
Yes, in New Mexico, claims for wrongful death must be filed three years from the date of death. If the deadline is missed, this may lead to the inability to seek compensation at all.
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