Las Cruces Wrongful Death Attorney

Losing a loved one is one of life’s most painful experiences, and when that loss occurs due to someone else’s negligence or wrongdoing, feelings of injustice can make the pain even worse.

If you’ve suffered the tragic loss of a family member due to another party’s actions, you may be entitled to seek justice and compensation through a claim or lawsuit. Let’s take a look at what this area of the law refers to, how a Las Cruces wrongful death lawyer can help, and why it’s crucial to seek legal representation during such difficult times.

We urge you to reach out to our law office, Barrera Law Group LLC, if you have recently lost a loved one under similar circumstances to what is described below to learn about legal options for holding the negligent party accountable that may be available to you.

Preventable Deaths Are Wrongful Fatalities

Wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional actions. These actions can range from medical malpractice and car accidents to workplace accidents and defective products.

In certain circumstances, like if the victim’s demise was caused by an employee of the Federal government in the course of their work duties (referred to as a Federal Tort Claim), additional laws may apply as well.

New Mexico’s wrongful death statutes allow certain family members or representatives of the deceased person’s estate to pursue compensation for damages resulting from their passing. These preventable fatalities can occur in various circumstances, each stemming from the negligence, recklessness, or intentional actions of another party.

Some common causes of wrongful death include:

Car accidents: Traffic collisions, including those involving cars, trucks, motorcycles, or pedestrians, are a leading cause of preventable deaths like these. Factors such as speeding, distracted driving, drunk driving, and reckless behavior can contribute to fatal accidents on the road.
Medical malpractice: Negligence by healthcare providers, including doctors, nurses, surgeons, and hospitals, can lead to someone prematurely losing their life. Examples of medical malpractice include misdiagnosis, surgical errors, medication errors, birth injuries, and anesthesia mistakes.
Workplace accidents: Fatal injuries can occur in various occupational settings, including construction sites, factories, warehouses, and offices. Employers have a duty to maintain a safe work environment and provide proper training and equipment to prevent injury, accidents, and fatalities in the workplace.
Defective products: Unreasonably dangerous or defective products can cause fatal injuries to consumers. This includes defective automobiles, pharmaceutical drugs, medical devices, appliances, and other consumer goods.
Nursing home abuse and neglect: Elderly residents in nursing homes and assisted living facilities may suffer wrongful death due to neglect, abuse, or inadequate care by staff members. Common issues include malnutrition, dehydration, medication errors, and physical or emotional abuse.
Premises liability: Property owners have a duty of care to maintain safe conditions on their premises to prevent injuries to visitors. Deaths that should have never occurred may result from someone suffering catastrophic injuries when they slip and fall, inadequate security leading to assaults or homicides, or dangerous conditions such as poorly maintained structures or swimming pools.
Dangerous drugs and pharmaceuticals: Pharmaceutical companies may produce and market drugs with undisclosed side effects or inadequate warnings, leading to fatal consequences for consumers.
Recreational accidents: Fatalities can occur during recreational activities such as boating, swimming, skiing, and amusement park rides due to operator negligence, equipment failure, or unsafe conditions.
Criminal acts: Wrongful deaths can result from criminal acts such as assault and battery, homicide, and manslaughter. In such cases, both the perpetrator and potentially negligent third parties, such as property owners or employers, may be held accountable.

These are just a few examples of common causes of avoidable deaths like these. Each case is unique, and determining liability requires a thorough investigation of the circumstances surrounding the fatality.

If you’ve lost a loved one due to someone else’s actions, it’s essential to consult with a qualified wrongful death attorney to understand your rights and pursue justice on behalf of your family member.

The Role of an Attorney When Someone Unexpectedly Dies

Navigating the legal complexities of filing claims can be overwhelming, especially when you’re grieving the loss of a loved one. That’s where a knowledgeable and compassionate wrongful death lawyer comes in.

An experienced attorney can guide you through the legal process, including the following steps below, as well as explain your rights and advocate on your behalf to ensure that you receive the compensation you deserve.

Initial Consultation and Case Evaluation

The first step in seeking legal recourse for your loved one’s premature passing is to schedule an initial consultation with a Las Cruces wrongful death lawyer. During this meeting, the attorney will listen to your story, gather relevant information about the circumstances of your loved one’s passing, and assess the viability of your potential case.

This initial evaluation is crucial for determining whether you have grounds for a wrongful death claim and what legal options are available to you.

Building Your Case

Once you’ve decided to pursue legal action, your attorney will begin the process of building your case.

This may involve gathering evidence, such as medical records, accident reports, witness statements, and expert testimony, to establish liability and demonstrate the extent of your damages. Your attorney will also handle all communication with insurance companies and opposing parties, protecting your rights and interests every step of the way.

Negotiation and Settlement

In many wrongful death cases, the parties involved may attempt to settle out of court to avoid the time, expense, and emotional toll of a trial.

Your lawyer will negotiate with the responsible parties or their insurers on your behalf to secure a fair and just settlement that adequately compensates you for your losses. While the goal is to reach a resolution that meets your needs, your attorney will be prepared to take your case to trial if necessary to achieve justice.

Trial Representation

If a settlement can’t be reached through negotiations, your case may proceed to trial, where your attorney will advocate for your rights before a judge and jury. With their extensive courtroom experience and expertise in this area of the law, your attorney will present compelling evidence, cross-examine witnesses, and make persuasive arguments to seek a favorable outcome on your behalf.

Throughout the trial process, your attorney will provide you with the support and guidance you need to navigate this challenging time.

Types of Compensation Recoverable by Filing a Death Claim

If you put forth a successful claim, the court may award various types of compensation or damages to the surviving family members or estate representatives.

These damages may include economic damages, such as medical expenses, funeral and burial costs, lost income, and loss of future earnings, as well as noneconomic ones, such as pain and suffering, loss of companionship, and emotional distress.

Your lawyer will work diligently to ensure you receive full and fair compensation for your losses.

The Statute of Limitations Applicable to New Mexico Wrongful Death Cases

It’s essential to be aware that death claims in Las Cruces are subject to a statute of limitations, which is the time limit for filing a lawsuit. Under New Mexico law, you generally have three years from the date of your loved one’s passing to initiate legal action.

Failing to file within this timeframe could result in losing your right to seek compensation, so it’s crucial to act promptly and consult with a qualified attorney as soon as possible.

Losing a loved one is never easy, but when that loss is the result of someone else’s negligence or misconduct, it can be especially devastating. If you believe that your loved one’s death was wrongful, you don’t have to face the legal process alone.

A compassionate and experienced Las Cruces wrongful death lawyer can provide the guidance, support, and advocacy you need to seek justice and compensation for your loss.

With the help of our legal team at Barrera Law Group LLC, you can hold the responsible parties accountable and find closure as you move forward with your life.

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