Was your loved one recently killed in a tragic accident in Albuquerque, NM? Our experienced team at Jones Injury Attorneys can help you fight for compensation. Call (505) 248-1400 to schedule a free consultation with an experienced Albuquerque wrongful death lawyer today. You may deserve money for lost financial support, medical bills, and your family’s suffering.
Our lawyers have over 25 years of experience between us. Since we opened our law firm, we’ve recovered tens of millions of dollars for our clients and their families. To learn more about your legal options, call our law offices in Albuquerque, New Mexico, today to schedule a time to talk.
Why Choose Jones Injury Attorneys to Help My Family Recover Compensation for Wrongful Death in Albuquerque?
For many families, recovering compensation is the only way to hold those responsible for their loss accountable. After such an unimaginable loss, a drawn-out battle with an uncaring insurance company is the last thing your family needs.
A trusted personal injury attorney in Albuquerque, NM, is here to help you fight for justice.
When you hire Jones Injury Attorneys, you’ll have a fierce advocate handling every aspect of your case. We’re prepared for the insurance company’s manipulative tactics. We know how to properly calculate your case value–and we’re ready to fight for every penny.
Let us handle the legal battle while you focus on your family. Call today to learn how our Albuquerque wrongful death attorneys can put our skills to work for you.
An Overview of New Mexico Wrongful Death Laws
Under New Mexico wrongful death laws, a wrongful death is one:
- Caused by the “wrongful act, neglect, or default of another” person
- Where the victim would have been entitled to file a personal injury lawsuit had they survived
Wrongful death claims are civil matters. They’re designed to provide compensation to a victim’s survivors–and to hold the responsible party financially accountable for their actions.
Wrongful death cases are entirely separate from any efforts by the state to hold the defendant criminally responsible. You may have a valid wrongful death case if the defendant is not charged with a crime–or even if they’re acquitted. Most wrongful death cases, however, involve accidents.
What Is the Process for Filing a Wrongful Death Lawsuit in New Mexico?
Wrongful death claims have a process that’s very similar to personal injury cases. Of course, one thing is different: the victim isn’t here to file a lawsuit on their own behalf.
In New Mexico, the victim’s personal representative files a wrongful death lawsuit. Typically, the personal representative is a family member, close friend, or advisor. If the victim did not specifically name a personal representative, the courts can appoint one.
When a case is successful, New Mexico law provides that the compensation is distributed as follows:
- If a surviving spouse exists, but no children, the surviving spouse receives the compensation
- If a surviving spouse exists, and also a child or grandchild, the spouse receives one-half and the children/grandchildren receive one-half
- Children or grandchildren receive the compensation if there is no surviving spouse
- The victim’s parents receive the compensation if the victim was unmarried and childless
- Siblings receive the compensation if there is no surviving spouse, child, grandchild, or living parent
If the victim left no surviving family, New Mexico’s intestate laws govern how the compensation is distributed.
How Much Is My Wrongful Death Case Worth?
You’ll only have one opportunity to recover compensation for your loved one’s untimely death. It’s important that your settlement or verdict accounts for all of your family’s losses.
As our Albuquerque wrongful death attorneys calculate your case value, we’ll evaluate multiple issues, including:
- Your loved one’s age and life expectancy at the time of death
- The circumstances of their death
- Your loved one’s projected earnings had they lived, considering past work history, education, and earnings
- The ways your loved one contributed to the family and household
- Who survived the decedent, in terms of financial dependents
- The costs your family has incurred due to the at-fault party’s acts
- How your family has suffered mentally
- Your loved one’s pain, suffering, and fear prior to death
Different factors may impact your case value. These are simply the most common issues to consider. Our attorneys will work closely with your family as we assess your case value. That way, we’ll be equipped to demand compensation that accurately represents the unique losses you’ve endured.
What Types of Damages Are Available in a Wrongful Death Case?
Your settlement or verdict should consider all financial and non-financial losses your family has experienced. In legal terms, you can pursue economic damages and non-economic damages.
Some examples of the types of damages that are available include:
- Loss of your loved one’s financial support
- Lost employment benefits, such as health insurance and retirement benefits
- Loss of the support and guidance provided by a parent
- Loss of consortium, or loss of a spouse’s companionship and support
- Lost household services previously provided by the victim
- Medical expenses incurred between the date of injury and the date of death
- Funeral expenses and burial costs
- Your family’s mental pain and suffering
- Your loved one’s pain and suffering prior to death
Punitive damages are rarer. However, courts in New Mexico can award punitive damages if they believe the defendant deserves punishment. These non-compensatory damages are reserved for cases where a defendant’s acts were intentional or shockingly reckless.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
You can hire Jones Injury Attorneys without any upfront costs. We accept cases on a contingency fee basis. At the time you hire us, you’ll sign a contingency fee agreement where you agree to pay a percentage of any settlement or verdict we recover on your behalf.
Can I Recover Damages if My Loved One Has Been Blamed for a Fatal Accident in New Mexico?
Yes. New Mexico is a pure comparative negligence state. Even when a victim shares some blame, they can receive partial compensation.
Shared fault is often an issue–both in personal injury cases and wrongful death claims. If the other side has evidence that your loved one shared some fault, your family’s compensation will be reduced to account for their percentage of fault. You do not lose your right to damages entirely unless your loved one was 100% liable.
What Causes Most Wrongful Deaths in Albuquerque?
Fatal injuries can occur in any number of situations.
At Jones Injury Attorneys, we handle all types of cases, including cases involving:
- Car accidents, including motorcycle wrecks and large truck accidents
- Slip and fall accidents
- Falls from heights
- Poisonings and drug overdoses
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Uber or Lyft accidents
- Swimming pool accidents
- Suffocations
- Dangerous property conditions
- Recreational vehicle accidents
- Construction accidents
- Workplace accidents
- Defective products
- Medical malpractice
- Vehicular homicide
- Intentional torts, including gun violence
If someone else was responsible for your loss, contact us today. Our attorneys in Albuquerque can immediately start building your case.
What Must I Prove to Receive Compensation for Wrongful Death in New Mexico?
As is true in personal injury cases, the party seeking compensation has the burden of proof in wrongful death cases.
While different legal theories may be relevant, most fatal accidents occur due to negligence. Someone is negligent when they fail to use a reasonable amount of caution and harm another because of it.
The four legal elements of a negligence claim are:
- The defendant owed your loved one a legal duty of care
- They failed to exercise reasonable care, breaching that duty
- That breach of duty caused your loved one’s death
- Your family experienced damages
While you focus on your family, our lawyers will be collecting evidence to prove each element of your case by the relevant “preponderance of the evidence” standard.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in New Mexico?
The statute of limitations in most New Mexico wrongful death cases is three years. The three-year period begins on the date of death. After three years pass, your family will have forfeited their right to seek compensation.
How Common Are Fatal Accidents in New Mexico?
According to the New Mexico Department of Health, roughly 2,000 people in New Mexico die due to unintentional injuries each year. Poisonings, motor vehicle accidents and falls are the leading causes of these injury-related deaths.
Based on reports published by the New Mexico Department of Transportation, someone is killed in a motor vehicle accident every 20 hours in New Mexico.
114 crash-related fatalities were reported in Bernalillo County alone in a recent year. Nearly 50% of all New Mexico’s reported pedestrian deaths occurred in Bernalillo County that year.
Contact Our Albuquerque Wrongful Death Lawyers for a Free Case Evaluation Today
Our team at Jones Injury Attorneys is here to offer the compassionate legal assistance you need during this difficult time. Contact us today to learn more about how an experienced Albuquerque wrongful death attorney can protect your interests.
Visit Our Law Offices in Albuquerque, NM
Jones Injury Attorneys – Downtown
1011 Lomas Blvd NW #106
Albuquerque, NM 87102
(505) 248-1400
Available: Monday through Friday, 8 AM to 5 PM
Jones Injury Attorneys – Arroyo del Oso Office
8205 Spain Rd NE #111-B
Albuquerque, NM 87109
(505) 634-7796
Available: Monday through Friday, 8 AM to 5 PM