New Mexico Wrongful Death Law
According to New Mexico Statutes 41-2-1, when "the wrongful act, neglect or default of another" causes a person's death, the injured party is entitled to "maintain an action and recover damages in respect thereof." In non-legal terms, this basically means that people or corporations can be held accountable when their acts (or failures to act) cause the death of a person. Examples might include a distracted driver who strikes a pedestrian, a manufacturer that creates a dangerous product, or an employer that fails to protect its workers.
Any acts of carelessness and negligence may provide a foundation for a wrongful death case against the responsible party/parties. Intentional acts like assaults or attacks can also provide grounds for wrongful death actions. In New Mexico, a person who commits a felony against another person could face criminal charges and a wrongful death suit in civil court. Any parties that allowed the felony to occur could also be held accountable, such as a hospital for hiring a doctor with a record of misconduct or a bank for failing to provide adequate security.
Each state has a statute of limitations on wrongful death lawsuits. In New Mexico, a wrongful death action must be brought within three years. Failing to file a case in time could limit a family's ability to seek justice.
"What Damages Can I Recover in a New Mexico Wrongful Death Lawsuit?"
The purpose of a wrongful death lawsuit is to help surviving family members get the financial support it will take to create a more stable future. There is no way to erase the loss they have experienced, but a successful lawsuit will help them find answers and will result in a settlement or award that covers financial losses and emotional trauma. This can go a long way in helping a family find some peace of mind and stability after their loss.
- Economic Damages: Medical expenses, funeral costs, loss of wages and benefits, and more.
- Non-Economic Damages: Pain and suffering, loss of care, loss of companionship, and more.
As Albuquerque wrongful death attorneys, our team at Arnold & Itkin knows you have been through enough. That is why we make it our mission to help our clients in every way possible, handling their cases with the level of professionalism and attention to detail that allows them to focus on mourning, healing, and spending time with loved ones. When big companies cut corners, manufacturers put profits first, and people act recklessly, our lawyers step forward and seek justice in the name of those who have been lost.
Wrongful Death: Causes & Liability
A wrongful death may be caused by any type of negligence or intentional wrongdoing when this causes a person to lose their life. A reckless driver, a defective product, or a dangerous workplace could claim one or more lives, leaving families without the ones they love. It is crucial for at-fault parties to be held responsible, and a wrongful death lawsuit is often the best way to accomplish this.
Our New Mexico wrongful death firm takes on cases involving:
- Motor vehicle accidents, including car, truck, motorcycle, pedestrian, and bus accidents
- Defective and dangerous consumer products, medical devices, and prescription drugs
- Fatal accidents at the workplace, including construction, warehouse, and factory accidents
- Oilfield accidents, including oilfield fatalities, offshore accidents, and refinery explosions
- Medical malpractice, such as surgical errors, birth injuries, and emergency room mistakes
- Premises liability, which may include any type of accident or injury on another's property
- Catastrophic events like pipeline explosions, railroad accidents, and aviation accidents
When we take on a wrongful death case, we investigate every aspect of the incident to determine what caused it and who is responsible. This helps us identify any and all defendants—and sources of compensation. With our experience in this area of law and our unwavering commitment to put in the work it takes to win, we can then build a compelling case that explains what caused our client's loss and who is to blame. Every case is different, and that is why our wrongful death lawyers in Albuquerque never cut corners or take the easy way out. We fight with everything we have because we believe in doing right by our clients.
Our New Mexico Wrongful Death Attorney Can Help
In the aftermath of losing a loved one, it can be difficult to envision a better future. The thought of hiring an attorney or taking legal action might not be anywhere near the top of your concerns. However, medical bills will pile up, you'll have to face funeral costs, and you'll need to adjust to life without your loved one's support. An attorney can help by handling everything while you focus on healing, spending time with family, and remembering your loved one. You can get answers, see justice served, and get the financial support you need.
When we take on a wrongful death case, our Albuquerque wrongful death attorneys:
- Work with investigators and experts to determine what caused the incident.
- Identify all at-fault parties and potential sources of compensation.
- Gather relevant evidence to build a compelling wrongful death case.
- Negotiate with the defendant and their insurance company.
- Take the case to court if the defendant will not negotiate or settle for a fair amount.
- Fight until the best possible outcome has been reached for the family.
About Albuquerque
Albuquerque, often abbreviated ABQ, is New Mexico’s most populous city. As of July 2021, the U.S. Census Bureau estimated Albuquerque had a population of 562,599. The city covers a land area of just over 187 square miles and is flanked by the Sandia Mountains and West Mesa just north of central New Mexico. It has one of the highest elevations of any major U.S. city. Albuquerque was founded in 1706 as an outpost called La Villa de Albuquerque, named after the Viceroy Francisco Fernández de la Cueva, the 10th duke of Albuquerque (a town in Spain).
The New Mexico Territory became a part of the United States and Albuquerque was incorporated as a city in 1891. By 1900, the population of Albuquerque had reached 9,000 residents. Route 66 brought more people to the city starting in 1926, contributing to its status as a tourist location and resulting in the construction of numerous restaurants, shops, and motels. The construction of Kirkland Air Force Base in 1939 and Sandia Base and Sandia National Laboratories in the 1940s established Albuquerque as a primary contributor to the United State’s efforts in atomic research and the creation of the atom bomb. By 1960, the population had reached 201,189.
Today, Albuquerque’s economy is diverse, centered on such industries as technology, science, medicine, commerce, entertainment, and education. The city is home to The University of New Mexico and Central New Mexico Community College, and both Microsoft and Micro Instrumentation and Telemetry Systems (MITS) were founded in Albuquerque.
Some of the top attractions in the Albuquerque area include the Sandia Peak Tramway, which offers incredible desert views from the 10,378-foot summit of Sandia Peak, the National Museum of Nuclear Science and History, which provides considerable insight into the city’s contribution to the atomic era, and the Petroglyph National Monument. Countless visitors come for the Albuquerque International Balloon Fiesta as well, in which more than 500 hot air balloons take to the skies every year on the first Saturday in October.
Albuquerque, NM: Links & Resources
Get the Answers You Need & Stability You Deserve
If you have lost a loved one, contact our New Mexico wrongful death lawyers today. You have the opportunity to get answers and seek justice in your loved one's name, but it will take a powerful team to hold at-fault individuals, corporations, and insurance companies accountable. At Arnold & Itkin, we are experienced and aggressive trial lawyers who are dedicated to our clients. When we take on a wrongful death case, we fully commit. We seek the result that brings peace of mind and stability to families who've lost loved ones. From construction accidents to car crashes to pipeline explosions, we help those who have lost parents, spouses, and other loved ones create brighter and more stable futures for themselves and their families.
To learn more about how we can help and to discuss your legal options, contact us for your free consultation.
