There are many different situations in which a wrongful death may occur. If you’ve lost a loved one due to the negligence of another, you may be considering bringing a claim against the responsible party. In this article, we’ll discuss who can bring a wrongful death claim, as well as what type of compensation you could receive.
Wrongful Death Can Happen in Many Situations
Many different scenarios can result in wrongful death, such as incidents involving defective products, medical errors, vehicle accidents, and workplace injuries. A wrongful death is a devastating event. But there is a way for the surviving family members to obtain compensation. An experienced wrongful death lawyer can help you file a claim for your loved one.
To start a wrongful death case, you must be able to prove that the other party was negligent. This can be tricky to do, and you may have to rely on expert testimony to prove your case. The court will look at many factors to determine if the defendant was responsible. Generally, the statutes of the state will determine whether you can bring a wrongful death lawsuit. This means that the standard of proof will be lower than in a criminal case.
Family Members Filing a Wrongful Death Claim
Wrongful death claims often result from car crashes, pedestrian-vehicle collisions, and truck accidents. These types of accidents can be devastating for families. Despite the financial hardships they cause, the law allows families to seek compensation for their loved ones. These suits are designed to compensate surviving family members for the economic and non-economic damages incurred due to the death of a loved one. In order to succeed in this type of suit, the family must work together to establish a compensation agreement.
A wrongful death claim can be filed against an individual, a company, or a property owner. Typically, the deceased’s family is the most affected. The money that is awarded to the surviving family members may cover medical bills, funeral expenses, and other costs related to the decedent’s death.
An expert opinion can help determine the amount of money that the plaintiff is entitled to. The court may award punitive damages if the faulty party was grossly negligent. Other damages can include lost wages and potential future earnings.
Estate Claims for a Wrongful Death Case
If the deceased had a will, the personal representative of the estate can pursue a wrongful death claim on behalf of the estate. The probate court may also appoint someone to bring the lawsuit. Ultimately, a wrongful death claim seeks to recover the full value of the decedent’s life. This includes wages lost, medical costs, and other damages. Our experienced attorneys can help you determine who can file these claims and how much you can expect.
If your loved one’s death was due to the negligence of another, you have the right to pursue a wrongful death claim. Regardless of whether you’re seeking compensation from a private individual, a government agency, or an employer, your family needs to understand how the laws in New Mexico apply to your case. Contact Whitener Law Firm today for a free consultation for your case.