A Fundamental Guide to Wrongful Death Claims
Author : Chris Lucero | Published On : 23 Mar 2021
There’s nothing more devastating than losing your loved one. What makes it even worse is when their death was due to someone else’s fault. If you are certain that you lost someone due to the negligent act of another, you can file a wrongful death claim. The laws associated with a wrong death case can vary from state to state. A personal injury attorney in Belen should be able to help you out, as they have the expertise and experience in dealing with such cases in the past. Here’s what you need to know.
Definition of Wrongful Death:
The New Mexico statutes defines wrongful death as that “caused by the wrongful act, neglect, or default of another”. So, when a death is incurred due to someone’s incompetence or carelessness, it is deemed wrongful death.
Who can File a Wrongful Death Claim?
After consulting with a personal injury law firm in Belen NM, a wrongful death claim has to be filed by the heirs of the deceased person. This could be their spouse or siblings. If there’s no estate plan, the court will choose the appropriate person. Damages from the claim will benefit the immediate family members of the deceased person.
• If the deceased person has a spouse, but no siblings, all the damages will be awarded to the spouse.
• If there’s no spouse, but children and grandchildren, the damages will be split equally amongst them.
• If there’s both spouse and children/grandchildren, half of the damages will go to the spouse, and the rest goes to the children and grandchildren.
Time Limitations for Filing a Wrongful Death Claim:
The New Mexico Statutes specifies that one must file a wrongful death claim within a period of 3 years from the day of the person’s death. Any claim made after the said limit will not be entertained. To make sure you don’t miss the deadline and everything is in order, get the assistance of a professional personal injury attorney in Belen very soon.
Damages Awarded in Wrongful Death Claim:
If you have been able to present a strong case with the help of an attorney, you will likely win the case and receive damages. Specific damages are awarded to someone based on the relationship they have with the deceased person. The damages usually awarded with wrongful death claims include:
• Medical expenses incurred for the deceased person’s injuries/treatment
• Loss of inheritance
• Loss of companionship
• Financial assistance for the household of the deceased
• Mental suffering caused due to the wrongful death of a person
• Funeral expenses
Some claims also award punitive damages. It is not meant to compensate the family of the deceased person, but to punish the responsible party for their actions such as recklessness or intentional harm.
To improve the chances of winning your case, talk to the skilled car accident lawyers in Belen. They will work tirelessly with you to bring about a positive outcome.
The author is a certified personal injury attorney in Belen with over 4 years’ experience in the industry. In this write-up, he provides a detailed overview of wrongful death claims. Visit https://www.lucerolawoffice.com/ for more information.