What damages can be recovered through a wrongful death claim?

Wrongful death occurs when someone dies due to the negligence or wrongdoing of another party. When this happens, the family or dependents of the deceased can bring a wrongful death claim against the negligent party. A wrongful death claim can result in financial compensation for a variety of losses resulting from the death.

Wrongful death claims arise from a range circumstances, including nursing home neglect, falling injuries and motor vehicle accidents. A wrongful death claim is a civil claim that this separate from any criminal proceedings after a death, and it is best to work with an experienced wrongful death attorney if you have lost a loved one due to someone else’s negligence or wrongdoing.

Understanding the types of compensation

A wrongful death may result in direct monetary losses such as hospital bills or funeral expenses, and those costs may form part of the damages you can claim. Additionally, the financial gap left by the deceased may be a crucial aspect of your claim. You may ask for the lost financial contribution you expected from your loved one had the death not occurred.

Non-economic damages are also compensable. The emotional anguish, grief, loss of companionship, and reduced quality of life caused by losing your loved one are some of the non-monetary damages you may claim in a wrongful death lawsuit.

The court may, on rare occasions, award punitive damages after a wrongful death. These damages are designed to punish the at-fault party for their reckless conduct.

To learn more about these matters, please see our New Mexico Wrongful Death FAQ.

Get the help you need for your wrongful death claim

An attorney with experience in these matters can help you obtain the financial compensation you and your family need to move forward. Keep in mind that the negligent party and their insurance company will try to do what they can to minimize the amount of compensation you receive. It is only fair that you have a legal advocate on your side to pursue the maximum available compensation for your loss.