Albuquerque Wrongful Death Attorney
Losing someone you love is painful and unimaginable on its own. However, it can also cause financial strain in some cases. As a survivor, trying to pay bills, keeping your family together, and mourning your loss at the same time can be too much for anyone.
At the Branch Law Firm, our attorneys can help. If you are an heir or surviving spouse who is suffering because someone else’s negligence took your loved one, call the Branch Law Firm for a consultation with an Albuquerque wrongful death lawyer. We cannot bring your loved one back, but we can help you put your life back together. Contact us online or call (505) 243-3500 to schedule a free consultation today.
Why Choose Us?
- We know that compensation will never replace a life, but it can help family members get started on the road to recovering from their financial losses.
- Our firm has been helping families of wrongful death victims for over 50 years.
- We will advocate for your family on a contingency fee basis, which means there are no legal fees, unless we recover compensation.
What is a Wrongful Death Lawsuit?
It is considered a wrongful death when the negligent act or wrongdoing of someone else takes the life of another person. A wrongful death claim or lawsuit is a civil action filed against the responsible party for the benefit of the deceased’s surviving family members. If the victim had lived, it is similar to pursuing a personal injury claim. This right to action is protected under the New Mexico Wrongful Death Act, NMSA 1978, § 41-2-1 et seq.
How Can an Albuquerque Wrongful Death Lawyer Help?
Depending on how your loved one lost his or her life, there are a wide variety of New Mexico laws that may impact a wrongful death lawsuit. Understanding those that apply can be difficult without the help of an experienced Albuquerque wrongful death lawyer. They will have the knowledge and resources to guide you through the process in a timely manner and ensure that sufficient evidence has been collected to support your claim.
Due to the serious implications of a wrongful death lawsuit, the at-fault party or their insurance company will likely hire a team of defense lawyers to decrease their financial liability. Hiring an attorney to fight for your family will ensure that the responsible party is held accountable for the loss of your loved one, by recovering the fair amount of compensation that is owed.
Types of Wrongful Death Lawsuits
During our 50 years of practice, we have handled a wide variety of wrongful death cases, including:
- Car accidents
- Truck accidents
- Medical malpractice
- Nursing home abuse
- Oil and gas explosions
- Motorcycle Accident
- Gas pipeline explosions
- Accidents resulting from lack of flame arresters or ventilation on gasoline cans
Who Can Legally File a Wrongful Death Lawsuit in New Mexico?
In New Mexico, a wrongful death lawsuit can only be filed by someone who is appointed the “personal representative” of the deceased person. The personal representative can be a relative of the deceased, a lawyer, or a guardian appointed by the court.
If the claim is settled or secures a favorable outcome, the compensation is distributed as follows:
- The surviving spouse receives the total amount if there are no children;
- If there is a surviving spouse and at least one child or grandchild, half of the compensation will go to the spouse and the other half to the children or grandchildren;
- If there are surviving children or grandchildren, but no surviving spouse, the compensation is divided between the children or grandchildren according to New Mexico’s “right of representation” laws.
If there is no surviving spouse or children, or the deceased is a child under the age of 18, the deceased’s parents receive the awarded compensation. If there are no surviving parents, the compensation will go to the deceased person’s siblings.
What Damages are Available in an Albuquerque Wrongful Death Lawsuit?
As with all personal injury lawsuits, we battle against the insurance companies to get you the settlement or award to which you are entitled. We will not allow the insurance company to minimize your loss because you may be entitled to compensation for:
- Pain and suffering
- Medical expenses
- Loss of life expectancy
- Funeral expenses
- Pension benefits
- Loss of anticipated wages
- Mental anguish
We also understand that you need money to sort out any estate issues in probate court. If you are an executor, administrator, or personal representative of the deceased, call the Branch Law Firm for a consultation. Whether the wrongful death was a result of pharmaceutical malpractice, a medication error, or an automobile accident, our lawyers can help.
Contact Us Today
Our Albuquerque wrongful death attorneys understand the needs of people who have suffered through the wrongful death of a loved one. We do everything we can to ensure a death claim benefit that is fair and just. Call us today at (505) 243-3500 to find out more.