The death of a loved one is always a tragedy. However, when the negligence of another party causes the death, it can be even more devastating. In such cases, you may be able to file a wrongful death claim on behalf of your loved one. An experienced wrongful death lawyer in Albuquerque can help you hold the liable party responsible after a loss.
You may be entitled to recover compensation if you believe your loved one was wrongfully killed. Call Zinda Law Group today for a free case evaluation with one of our Albuquerque personal injury lawyers.
What Is a Wrongful Death Claim?
According to New Mexico’s wrongful death laws, a lawsuit for wrongful death may be brought if the “wrongful act, neglect, or default of another” caused the death to occur. In New Mexico, a wrongful death claim may only be filed by a qualified representative from the estate of the deceased. A personal representative is usually the surviving spouse, parent, child, or sibling.
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Available 24 / 7|Free ConsultationElements of a Wrongful Death Claim
To win a wrongful death lawsuit, you must demonstrate that the individual whose actions led to the death was negligent. To prove the negligence of this party, you must show that they owed a legal duty of care, that the legal duty was breached, that the breach of the duty of care caused the death, and that the death caused compensatory damages.
To give an example, imagine that a driver kills another party because they were texting rather than paying attention to the road. A claimant would need to demonstrate the following to establish negligence:
- First, the defendant driver owed a duty to drive in a safe manner
- Second, the driver breached their duty of care by driving while texting
- Third, the driver’s texting while driving was the cause of the death
- Finally, the death caused compensatory damages, such as hospital bills, pain and suffering, mental anguish, and loss of consortium
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Partner
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Available 24 / 7|Free ConsultationCommon Causes of Wrongful Deaths
There are a variety of causes of wrongful deaths. No matter how the loss of your loved one occurred, an experienced wrongful death attorney in Albuquerque can assist you in pursuing damages from the negligent party. Some of the most common causes of wrongful deaths include:
- Car accidents
- Truck accidents
- Workplace accidents
- Medical malpractice
- Defective products
- Premises liability
Car Accidents
According to the New Mexico Department of Transportation, almost 500 people died in motor vehicle accidents in 2021. Although there are a variety of causes for car accidents, many crashes result from negligence on behalf of the driver.
For example, many car accidents are caused by distracted driving. Though New Mexico law prohibits drivers from texting while driving, many drivers disregard this law and use their phones while behind the wheel. If the distraction of a driver leads to the death of another motorist or a pedestrian, a family member of the victim may have the option of suing the at-fault party.
Truck Accidents
Trucking companies sometimes fail to provide their drivers with proper training or even vet them. These dangerous cost-cutting practices can sometimes lead to fatal accidents. Sometimes, the employer can also be at fault for not maintaining the trucks in their fleet. For example, an 18-wheeler with worn brakes can easily lead to a major accident on a highway.
If your loved one died in a truck accident, you may have a claim against the driver as they are directly involved in the accident. Furthermore, you may have a claim against the trucking company because employers are generally liable for the actions of their employees.
Even a truck manufacturer may be held accountable if there is evidence that they knew there were defects in the truck.
Workplace Accidents
Many New Mexicans work in dangerous occupations. For example, a significant number of New Mexicans are employed in oil fields where the likelihood of fatal accidents is higher than for those who work in air-conditioned offices.
Although New Mexico’s workers’ compensation act prevents individuals and their family members from filing lawsuits against employers in cases of injury or death, exceptions to this law exist.
For example, if the employee’s death resulted from the employer being extremely negligent or acting with the intention of causing harm, the employee’s family members may sue the employer. If the employee died in a workplace accident due to the actions of a party other than the employer, family members may sue this third party for the death.
Medical Malpractice
Medical malpractice occurs when a doctor or another healthcare worker is negligent in their duty, and the patient suffers harm as a result. For example, a doctor may misdiagnose a patient, resulting in the patient receiving inappropriate and potentially harmful treatment.
Furthermore, surgeons sometimes perform the incorrect procedure on a patient due to clerical errors resulting in permanent damage. In cases of extreme medical malpractice, the patient may die as a result of the actions of the liable party. In these situations, family members of the deceased patient may take legal action against the doctor or even the hospital.
Defective Products
When we buy consumer goods, we expect them to be safe to use as long as we follow proper procedures. However, far too often, product manufacturers create and sell defective products that cause harm to users. For example, a consumer may buy an electronic appliance with faulty wiring, which fatally electrocutes the user.
Electronic appliances are not the only consumer goods that can kill their users if they don’t meet safety standards. Faulty airbags and defective medical equipment can also cause death to consumers. Family members may file a product liability lawsuit against the company that made the defective product.
Premises Liability
The law requires building owners and landlords to ensure their premises are safe for people who visit or live there. However, there are countless cases in which these parties neglect their premises, leading to the deaths of visitors or tenants.
For example, a landlord may have failed to install proper lighting in their building, leading to a tenant tripping down the stairs and dying. In these cases, family members of the deceased may file a wrongful death lawsuit against the building owner or landlord.
CASE RESULTS
Jason Aldridge
Attorney
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Available 24 / 7|Free ConsultationActions to Take Following an Accidental Death
The death of a loved one can be devastating. Unfortunately, some steps need to be taken after this tragic loss. In addition to ensuring your financial future, you need to care for your mental and emotional health.
Grieve
Following the wrongful death of a loved one, taking time to grieve for the loss is perfectly acceptable and healthy. While other legal steps need to be taken, it is essential that you find time to acknowledge your grief and let it run its course. Speaking with a family member, friend, or professional can help.
Settle the Affairs of the Deceased
Plan your loved one’s funeral and gather information regarding the estate of the deceased. Several steps need to be taken after the loss of a loved one, and unless you have handled the process before, it can be difficult to know where to start. An estate lawyer or friends or family who have been through the process before can help you figure out the steps you need to take.
Call a Lawyer
If you are considering filing a lawsuit, reach out to an experienced Albuquerque wrongful death lawyer, and explain your situation. An experienced attorney will know all of the steps that need to be taken in the legal process of filing a claim. During this challenging and complicated time, your attorney will fight on your behalf, leaving you free to focus on yourself and your family.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationPossible Compensation in a Wrongful Death Lawsuit
Three general categories of compensation may be available following the untimely death of a loved one:
- Economic
- Non-economic
- Punitive
Economic Damages
This category includes monetary compensation to match the value of:
- Earnings the deceased would have brought in over the rest of their life had they not been killed
- Household services to which the deceased would have contributed if they were still living
- Medical expenses for treatment the deceased received before they passed
- Funeral and burial expenses
Non-Economic Damages
This category includes damages to compensate for intangible losses, such as:
- Loss of companionship
- Loss of consortium
- Pain and suffering
- Mental anguish
- Emotional distress
- Diminished quality of life
Punitive Damages
This category is not meant to compensate the deceased’s loved ones for the losses they incurred. Instead, punitive damages are used to punish the liable party for the role they played in causing the death to occur. Punitive damages are only used in cases involving criminal negligence or actions intended to cause harm.
Determining Liability for a Wrongful Death
In a previous section, we listed the different types of wrongful death cases. While the details of a death vary from case to case, a person filing a wrongful death claim after the loss of a loved one must always prove that the person they are attempting to recover compensation from was negligent or acted with the intention of causing harm.
Car Accident
In a car accident case, you must show that the party they are suing caused the accident that killed their loved one through dangerous behavior, like texting while behind the wheel or driving under the influence.
Truck Accident
In a truck accident wrongful death claim, you must show that the truck driver was negligent by violating the hours of service requirement, speeding, or otherwise driving in a dangerous manner.
Workplace Accident
For workplace accidents, you must prove that the employer was negligent in their duty and failed to provide a reasonably safe work environment.
Medical Malpractice
In medical malpractice wrongful death claims, you must demonstrate that the healthcare provider made a misdiagnosis or otherwise failed to provide the necessary care.
Defective Product
When a defective product causes a wrongful death, you must prove that the company that produced the product failed to conduct proper testing or cut corners in production to save money.
Premises Liability
For a premises liability case, you must prove that the owner or tenant of the space failed to provide proper warnings of hazards or eliminate the dangers altogether.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA
Deadline for Filing a Wrongful Death Lawsuit
In New Mexico, the statute of limitations grants you three years from the deceased’s date of death to file a wrongful death lawsuit. Missing this deadline could result in losing your right to pursue compensation after losing a loved one.
Child Wrongful Death
Following the death of a child due to negligence, you can file a wrongful death claim. However, you need to be aware of the fact that these cases are incredibly complicated. Placing a value upon the life of a child is impossible, but it must be done anyway to determine compensation. When calculating damages for the death of an adult, earning capacity is a critical factor.
When assessing the earning potential of a child over the course of their lifetime, things get tricky. The court will look at several factors when considering the lost earning potential of a child, such as the age and education level of the child.
The older the child is at the time of their death, the easier it is to potentially project a lifetime income range based on their development and social standing. However, this becomes increasingly difficult with young children who have yet to make any real steps to show their potential future.
Contact an Experience Albuquerque Wrongful Death Attorney Today
The experienced wrongful death lawyers at Zinda Law Group are ready to represent you in your personal injury claim. Following the loss of a loved one, the last thing you should have to worry about is the cost of hiring an attorney, which is why our team works on a contingency fee basis.
You won’t owe us a penny unless we secure compensation on your behalf. That’s our No Win, No Fee Guarantee. Contact us today by phone or through our website for a free case evaluation with one of our Albuquerque wrongful death lawyers. Meetings with attorneys are by appointment only.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
