Las Vegas, NM Wrongful Death Lawyer

Las Vegas, NM Wrongful Death Attorney

The unexpected loss of a loved one can be one of the most challenging experiences someone has to face in their life. This scenario is intensified when their loss is due to the negligence or misconduct of another person. It can be challenging to navigate wrongful death cases in Las Vegas, New Mexico, while also grieving during the process. A dedicated Las Vegas, NM, wrongful death lawyer can help families understand their rights and pursue compensation.

At Berenson & Associates, PC, we understand the emotional and financial impact wrongful death claims can have on surviving family members and friends. It’s why every experienced Las Vegas, NM, personal injury lawyer on our team has made it their mission to provide thorough legal representation. We strive to understand the circumstances surrounding your loved one’s death and secure the compensation our clients deserve.

Common Areas of Dispute in a New Mexico Wrongful Death Case

The details of a wrongful death case can be difficult to uncover, especially when there is an opposing party who might be trying to reduce the severity of their own misconduct. To win these types of cases, a wrongful death attorney needs to address the following issues.

Establishing Causation

One of the most significant tasks of a wrongful death case in New Mexico is to establish what caused the wrongful death to take place. It will be the responsibility of the plaintiff to provide evidence suggesting that the defendant’s actions or negligence caused the death. This can become a contested issue in court, as the defendant may try to argue that there were other factors involved in the death, like a victim’s pre-existing conditions.

Proving Liability

All wrongful death cases must determine who was liable for the incident. When there are numerous parties who could be responsible for the death, they may try to complicate the case by suggesting that someone else shares the most blame. One example of this could be when multiple supervisors shared responsibility for ensuring a machine that malfunctioned was up to date on its maintenance.

The Total Value of Damages

To assign a specific compensation figure to a victim’s family, the total impact of the damages sustained in the wrongful death case will need to be calculated. For example, if the surviving family members were relying on the individual’s income for their own livelihood, this would be a significant contributing factor to the final compensation package. A personal injury attorney in Las Vegas, New Mexico will work to combat any attempt to lessen the total amount of damages by the defendants.

Survivorship Claims

A survivorship claim was designed to support any scenario where pain and suffering are at play in a wrongful death case. However, this can become a complicated issue to battle in court, as the victim is no longer present to testify about how much pain or suffering they experienced. The court will look into evidence like medical reports and bills to help make this determination.

Eligibility of Claimants

When there are multiple surviving family members, there can be contested issues over who should be included in the final settlement. If the deceased individual never created a will before their passing, this further complicates the issue. A personal injury attorney will work with their clients to better understand the dynamics of the victim’s family and provide evidence to suggest who should receive any benefits derived from the claim.

Insurance Coverage

Disputes with insurance companies are extremely common in wrongful death claims. Sometimes, companies may deny a claim or assert that a certain reported damage from the incident does not qualify for insurance reimbursement. Contested issues with an insurance company can also be dealt with in court, where a judge and both attorneys will analyze the details of the insurance contract to help make a final determination.

Wrongful Death Lawyer FAQs

Q: Who Can Sue for Wrongful Death in New Mexico?

A: Any personal representative of the deceased individual is able to file a wrongful death claim in New Mexico. This is someone who is typically appointed by the court, likely a family member or attorney. The final compensation obtained in these cases will be distributed between the victim’s surviving family members, such as their spouse, children, or parents. A knowledgeable wrongful death lawyer can help ensure this process is handled fairly.

Q: What Is the Statute of Limitations for a Wrongful Death Lawsuit in NM?

A: Individuals have three years to bring forth a wrongful death case in New Mexico. That clock begins on the date when the death occurs. If this deadline is not met, the court will not permit the case to be heard. This will prevent any surviving family members from being able to collect financial compensation from the case, no matter how severe the damages may be.

Q: Is Wrongful Death the Same as Negligence?

A: Wrongful death and negligence are related, but the terms are used differently within a legal context. Wrongful death is a legal claim brought forward by a representative of the deceased who tries to collect damages for the negligence, recklessness, or intentional act that caused the incident to happen. On the other hand, negligence simply refers to one party’s failure to exercise a reasonable amount of care that resulted in harm to someone else.

Q: What Are Some Examples of Wrongful Death in New Mexico?

A: Wrongful death cases in New Mexico occur when someone dies due to another party’s intentional act or negligence. Some of the most common wrongful death scenarios include car accidents where someone is driving recklessly, medical malpractice, or a fatal accident at a workplace that can be connected to someone’s negligent, criminal behavior regarding employee safety.

Contact Berenson & Associates, PC, Today

If someone close to you has recently died in a wrongful death accident in New Mexico, contact the wrongful death attorneys of Berenson & Associates, PC, today. We have years of experience fighting for surviving family members like yourself. We look forward to learning more about the details of your case and identifying the path to maximize your compensation.