Santa Fe Wrongful Death Lawyer

Santa Fe Wrongful Death Attorney

New Mexico Wrongful Death Attorney – A Strong Advocate for Your Family

If your loved one tragically died due to the negligence of another party, then you and your family may be entitled to compensation that can help with funeral costs, lost income and emotional pain resulting from the death. Contact an experienced Santa Fe wrongful death lawyer at Youngers Law to learn more. With an office in Santa Fe and an established presence in Las Cruces, the firm provides representation to individuals and families throughout New Mexico.

A wrongful death claim is a civil action that can occur alongside a criminal case. Even if the responsible party is facing a criminal case related to the wrongful death, the wrongful death case and criminal case are treated separately.

If you are seeking justice for the wrongful death of a loved one, contact attorney Joleen K. Youngers and her staff at 505-933-8480 or 575-636-2057. She will provide personalized and compassionate representation as she fights for the justice and compensation you deserve.

When a Family Member Dies Due to Negligence

In the state of New Mexico, family members are allowed to pursue a lawsuit for wrongful death whenever death is caused by someone else’s neglect, wrongful act or failure to act. In other words, if a person dies because of someone else’s wrongdoing, the family can bring a claim for wrongful death.

Some of the more common personal injury claims that can lead to a wrongful death lawsuit include:

• Catastrophic motor vehicle accidents: Serious motor vehicle accidents involving large trucks and commercial vehicles or smaller vehicles like an unprotected motorcycle can result in devastating injuries or even the loss of life.
• Drunk driving accidents: When a driver is driving while impaired, their impairment can lead to a serious accident that results in the loss of life. Drunk driving accidents can also result in hit-and-run situations that cause serious harm or death to a victim.
• Pedestrian and bicycle accidents: When a pedestrian is struck and killed, or a cyclist is hit and killed by a motorist, the victim’s family may have a claim for wrongful death.
• Dangerous property accidents: When a property owner fails to maintain adequate safety standards or has dangerous conditions on their property, an accident can occur that leads to death. For example, a property owner who has a swimming pool on their property could be held responsible for a drowning death.
• Negligent security: If a building owner fails to maintain adequate security on their premises and an attack on a patron or tenant leads to a death, the property owner could be held responsible for a wrongful death.

In New Mexico, if the person who died would have been able to sue the negligent party for a personal injury action, then the victim’s family may be able to file a claim for wrongful death on behalf of their loved one. While no amount of money can bring back your loved one, you may be entitled to financial compensation for your pain and suffering.

Wrongful Death and Medical Malpractice

All wrongful deaths occur because of negligence or misconduct, but the circumstances may vary. In addition to the aforementioned personal injury claims, many wrongful deaths occur because of medical malpractice. This term refers to when a healthcare professional fails to follow the recognized standard of care, resulting in injury or death to a patient. Though medical malpractice and wrongful death claims are different, they have some overlap.

If a person dies as a result of medical malpractice, their loved ones can file a wrongful death claim as well as obtain compensation for both economic and non-economic damages.

Wrongful Death and Civil Rights

Wrongful death claims are civil claims that can either be settled or taken to civil court. However, sometimes, a federal claim can be filed if the wrongful death is in violation of a person’s civil rights or if law enforcement was involved. For instance, if a police officer used excessive force during a routine stop that resulted in a person’s death, this is a violation of their Fourth Amendment Rights.

Another example where a wrongful death case can go to federal court is when a police officer denies a person medical care while in their custody, and this results in death. Civil servants, like officers, have a civic duty to exercise reasonable care to keep civilians safe. If a civil servant has a duty of care, breached that duty of care, and that breach resulted in a death, then a federal claim may be filed.

Timeline for Filing a Wrongful Death Claim

Each state has its own statute of limitations for filing a wrongful death claim. A statute of limitations is the amount of time a person has to file a claim after the death of their loved one. In New Mexico, the time frame allowed for a wrongful death claim is three years after the day the death occurred. If the personal representative does not file the claim within this time, they may lose their right to hold the responsible party accountable.

It is important to hire a lawyer immediately to help you with your wrongful death claim. You do not want to miss the window of opportunity by attempting to file after the statute of limitations. Your lawyer will inform you of the correct procedures for filing and guide you through the process of filing your claim.

Procedure for Wrongful Death Claims

Once your lawyer determines that you have a case and your loved one’s death was the result of another party’s negligence, you can file your wrongful death claim. The procedure for filing a claim begins with filing the necessary paperwork, gathering evidence, and attaching a dollar amount to the damages incurred.

Wrongful Death vs. Homicide

All wrongful death results from another person’s negligence or wrongful action, but sometimes the actions are intentional while others are accidental. Unintentional wrongful death may be because of an automobile accident, while intentional wrongful death can be aggravated assault. Because some cases of wrongful death can be intentional, it is easy to confuse them with homicide; however, they are not the same.

For one, homicide cases are criminal cases that can result in the defendant serving prison time, paying fines to the state, or both. On the other hand, wrongful death cases are civil cases with the sole purpose of recovering damages or financial compensation for deceased loved ones.

Another significant difference between the two is the nature of how the cases are treated. In criminal cases, the state or federal government must prove the defendant’s guilt “beyond a reasonable doubt,” while in a wrongful death claim, the plaintiff must only prove the responsible party’s guilt or liability by a “preponderance of evidence.” The defendant is more likely to be found responsible for the death in a wrongful death case but not always in a homicide.

Although the two are different, it is possible for a defendant to fight a criminal charge for a homicide in one courtroom while fighting a civil case for a wrongful death in another courtroom. The difference is that the victim’s family may be seeking compensation for damages in one courtroom while a judge may be sentencing them to jail time in the other.

The Emotional and Financial Impact of a Wrongful Death

Negligence that results in death only compounds the grief of the surviving family members and friends. While you and those close to you struggle with the emotional impact, attorney Youngers and her team will deal with the facts and evidence of your wrongful death claim. The effects of the death may go beyond grief, particularly if the deceased family member was the primary wage earner.

Ms. Youngers will take a detail-oriented approach to building your wrongful death claim. Too much is at stake to leave out any detail. She will interview family members and friends to get a complete story and then present that story to the judge or jury. In addition, she will partner with financial experts to determine the more tangible losses to ensure that you get the compensation you need to make up for the contributions of your lost loved one.

Settling Versus Litigating Your Wrongful Death Case

While many wrongful death cases are settled, Ms. Youngers prepares all claims for trial. That shows the opposing attorneys that you are serious about finding the best resolution to your legal matter.

What to Know About New Mexico’s Wrongful Death Laws

Losing a loved one before their time is traumatic. In the wake of making funeral arrangements, paying for medical treatment and mourning, you may feel uncertain and overwhelmed. You may not even know what questions to ask. You are not alone. Youngers Law would like to help you with answers to your questions and provide you with some comfort in the legal realm.

Legal needs vary according to the specific case, but some principles remain the same. Below are some common legal questions that attorney Joleen Youngers and her staff receives. You can also get personalized advice and information from her. Schedule a free initial consultation by calling 505-933-8480 or 575-636-2057. You can also schedule an appointment by completing the contact form.

FAQs About Santa Fe,NM Wrongful Death Law

Who can bring a wrongful death claim in New Mexico?

In New Mexico, only the personal representative of the deceased’s estate can file a wrongful death claim. The personal representative is also referred to as the executor and is typically named in the deceased person’s will or estate plan. If there is no personal representative listed, the court will appoint someone. In general, the decedent’s next of kin or loved ones are eligible to bring a wrongful death claim. This will vary by case, but generally, spouses, parents or children can bring a wrongful death claim through an appointed personal representative.

What kinds of compensation are awarded in wrongful death cases?

Wrongful death claims are meant to provide financial compensation for losses that your family endures due to the wrongful death of a loved one. The compensation is meant to help provide for your family as you regain a sense of normal. This includes compensation for any medical bills for the decedent’s injuries, funeral costs, and any income or emotional support lost due to the untimely death of your loved one. Attorney Youngers will fight for full compensation so that you can focus on your life, your loss, and your family.

What Is Wrongful Death Action in Law?

A wrongful death is a death caused by the negligence or wrongful act by another person. One can think of a wrongful death action as a personal injury claim that the deceased person did not live to file. Wrongful death can include negligent acts like fatal car accidents, knowing or intentional acts, or criminal acts.

Who Receives the Benefits in a Wrongful Death Claim?

There are certain family members who will receive the benefits from a wrongful death claim brought by the personal representative of the deceased. If there is a surviving spouse and child, the damages will be distributed between them. The parents of the deceased can receive damages if there isn’t a spouse, children, or grandchildren. If none of these exist, then siblings of the deceased may receive wrongful death damages.

What Tort Is Wrongful Death?

Wrongful death is a negligence tort or a civil tort. A tort is an act brought on by another that causes harm or injury and results in a civil wrong. A wrongful death can be either an intentional or unintentional tort. Tort law holds the responsible party accountable and allows survivors to seek compensation and discourage future actions.

Do I need a lawyer?

Yes. The unfortunate truth is that insurance companies are businesses. They are more concerned with their profitability than with your care. Often, the insurance company will approach a grieving family and offer a seemingly large settlement. These offers frequently are insufficient for their needs. Before accepting an initial settlement offer, speak with the attorney at Youngers Law, PA She can help you obtain a settlement that truly provides for you and your needs in the wake of a tragedy.

Schedule a Free Consultation with a Wrongful Death Lawyer

For more information, or to schedule a free initial consultation with an experienced wrongful death lawyer, please contact the firm online or call 505-820-0108 or 575-541-8000. Ms. Youngers provides free consultations in wrongful death cases.