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Can loved ones file wrongful death claims after accidents in Albuquerque New Mexico?

Under New Mexico law, victims have the right to pursue compensation from negligent drivers within the three-year statute of limitations.  A driver involved in an accident resulting in property damage, injury or death of any person must stop, and render aid when possible. Approximately one out of every five New Mexican drivers are uninsured, or under-insured, so it is important to contact an accident attorney shortly after a motor vehicle mishap causes harm.  Despite New Mexico’s requirement to carry auto insurance, New Mexico is among the top five states with the highest rates of uninsured motorists in the United States.

Wrongful death.

A wrongful death legal action is a type of lawsuit that is brought by loved ones, or a personal representative of someone’s estate, when the death was caused by the negligent, reckless, or deliberate act of another.  New Mexico Statute Section 41-2-1  defines a wrongful death as one that is “caused by the wrongful act, neglect, or default of another.” The definition includes deaths caused by a wrongful act that amounts to a felony under New Mexico law. In essence,  a wrongful death claim in New Mexico is a personal injury claim that the deceased person cannot initiate for themself. It is prudent to seek legal counsel because civil and criminal case outcomes associated with the wrongful death can vary.

Who can initiate the action.

A personal representative can initiate legal action for wrongful death. Compensatory and exemplary damage awards related to the action will be distributed to the spouse, child, father, mother, brother, sister, or children of the deceased child, as defined in the New Mexico Probate Code [Chapter 45 NMSA 1978]

 Personal injury and insurance.

Financial responsibility for damages will be determined under New Mexico’s “fault” system, where compensation is based on percentages of fault assigned to each party to an accident. Negligence will be easier to prove if the other driver was driving recklessly, breaking traffic laws, or intoxicated.

Damages.

A wrongful death attorney can file a claim for damages including:

  • Medical bills,
  • Funeral and burial expenses,
  • Lost wage and revenue,
  • Compensation for pain and suffering,
  • Punitive damages that are intended to punish the person who caused the death, after a case analysis.

Seek legal counsel.

Damages may be catastrophic when car accidents result in death.  It is imperative to seek experienced legal counsel at the Law Offices of Brian K. Branch who can guide the path and soften the emotional battles, while navigating a comprehensive settlement to cover losses of a wrongful death.

The Law Office of Brian K Branch

715 Marquette Ave. NW
Albuquerque, New Mexico 87102
Tel: 505.764.9710
Toll Free: 888.972.1212
Fax: 505.764.9722

 

Sources:

https://laws.nmonesource.com/w/nmos/Chapter-41-NMSA-1978#!b/41-2-1

https://laws.nmonesource.com/w/nmos/Chapter-41-NMSA-1978#!b/41-2-3

https://www.insurancejournal.com/news/national/2018/03/15/483414.htm

 

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