Deming Wrongful Death Lawyers

Losing a loved one due to another’s negligence is a profound tragedy that leaves families grappling with emotional and financial challenges. In some cases, these unfortunate circumstances may warrant a wrongful death claim to seek justice and compensation. Our Deming wrongful death lawyers at Flores Mendez Law offer caring, professional legal representation in these complex cases. Each one is different but typically revolves around establishing liability for what happened. 

What Constitutes a Wrongful Death in New Mexico?

Under New Mexico law, a wrongful death occurs when a person’s death results from the wrongful act, neglect, or default of another. This definition encompasses both accidental and intentional acts that, had the deceased survived, would have entitled them to pursue a personal injury claim.

Examples include fatalities arising from car accidents, medical malpractice, defective products, or criminal activities. The key element is that the death was caused by actions or omissions that breached a duty of care owed to the deceased. 

In these cases, surviving family members or the deceased’s estate may pursue legal action to seek compensation for financial losses, emotional suffering, and other damages. Wrongful death claims can also serve to hold negligent parties accountable and prevent similar harm in the future. New Mexico law establishes specific procedures for filing these claims, including time limits and requirements for proving liability.  

Who Is Eligible to File a Wrongful Death Claim in New Mexico?

In New Mexico, the personal representative of the deceased’s estate is responsible for filing a wrongful death claim. This individual is typically designated in the deceased’s will or appointed by the court if no such designation exists. While the personal representative initiates the lawsuit, the beneficiaries entitled to any awarded damages are prioritized as follows:

• If there is a surviving spouse but no children, the spouse receives the full award.
• If both a spouse and children exist, the damages are divided between them.
• If there is no surviving spouse, the recovery goes to the children or grandchildren.
• If the deceased had neither a spouse nor descendants, the award is distributed to surviving parents, and if none exist, it passes to siblings.

Through this structured approach, compensation typically aligns with the deceased’s familial relationships.

What Damages Are Recoverable in a Wrongful Death Lawsuit?

Damages in a wrongful death lawsuit aim to compensate for both ‘economic’ and ‘non-economic’ losses resulting from the death. Our Deming wrongful death lawyers fight to pursue damages in these categories:

• Medical Expenses: Costs incurred for medical treatment prior to death.
• Funeral and Burial Expenses: Reasonable costs associated with laying the deceased to rest.
• Lost Wages and Benefits: The income and benefits the deceased would have provided.
• Loss of Companionship: Compensation for the emotional suffering due to the loss of a loved one.
• Pain and Suffering: Compensation for the deceased’s pain and suffering prior to death.

These damages are intended to alleviate the financial burden on surviving family members and acknowledge the emotional impact of the loss.

Is There a Time Limit to File a Wrongful Death Claim in New Mexico?

Yes, New Mexico imposes a statute of limitations on wrongful death claims. Generally, a wrongful death claim must be filed within three years of the date of death. However, if the claim involves a governmental entity, the timeframe may be shorter, often requiring action within two years. Failing to file within these time limits can result in the loss of the right to pursue compensation, underscoring the importance of timely legal consultation.

How Does the Legal Process Unfold in a Wrongful Death Case?

The wrongful death legal process in New Mexico involves several stages:

1. Appointment of Personal Representative: The court appoints a personal representative if one is not already designated.
2. Investigation: The representative, often with legal counsel, investigates the circumstances surrounding the death to establish liability.
3. Filing the Lawsuit: A formal complaint is filed against the responsible parties.
4. Discovery: Both sides exchange evidence and information pertinent to the case.
5. Settlement Negotiations or Trial: Parties may reach a settlement, or the case proceeds to trial for a judgment.

Each case is unique, and the duration depends on its complexity and the willingness of the parties to settle. Our Deming wrongful death lawyers work to streamline this process while fighting for fair compensation.

Can a Wrongful Death Case Go to Trial?

Yes, a wrongful death case can go to trial if a settlement cannot be reached between the parties involved. Many cases are resolved through negotiations with insurance companies or defendants before reaching the courtroom. However, if 

the responsible party disputes liability or refuses to offer fair compensation; the case may proceed to trial, where a judge or jury will determine the outcome. This kind of litigation can be a lengthy and complex process, requiring the presentation of evidence, witness testimony, and legal arguments. Families pursuing a wrongful death claim should be prepared for the possibility of trial while considering settlement options.

Can Criminal Charges Affect a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action separate from any criminal proceedings. Even if the responsible party faces criminal charges, the outcome of the criminal case does not directly impact the civil wrongful death claim. Families can pursue a wrongful death lawsuit regardless of whether criminal charges are filed or a conviction is obtained. 

What Role Does a Wrongful Death Lawyer Play?

Our Deming wrongful death lawyers represent the deceased’s estate and surviving family members in seeking compensation for their loss. Our legal team gathers evidence, consults experts, and builds a case to establish liability. We handle legal filings, negotiate with insurance companies, and advocate in court if a settlement is not reached. This role includes assessing damages, such as lost income and emotional suffering, to pursue appropriate compensation. By managing the legal aspects, we allow grieving families to focus on healing while protecting their rights throughout the process. 

Let the Compassionate Deming Wrongful Death Lawyers at Flores Mendez Law Pursue Justice for Your Loss

The loss of a loved one due to another’s negligence is a profound hardship, leaving families with emotional and financial burdens. With a thorough approach to legal advocacy, the Deming wrongful death lawyers at Flores Mendez Law can handle every aspect of your case. For a free consultation, call us at 915-308-9999 or submit our online form. With our offices located in El Paso, Texas, and Las Cruces, New Mexico, we gladly serve clients in the surrounding areas.