Albuquerque Wrongful Death Lawyer

Wrongful Death Attorney in Albuquerque, NM

In the event of the wrongful death of a loved one, the surviving family members can file a legal claim against the liable parties for compensation. A wrongful death case is typically more complicated than any other sort of personal injury case because it can hinge almost entirely on the physical evidence of the event, rather than the testimony of witnesses against the negligent person. It is advised to seek the help of an Albuquerque wrongful death lawyer.

We Help Get You Through the Difficult Times by Helping Families Seek Justice

Attorney Rachel Berenson of Berenson & Associates, PC, in Albuquerque is a certified accident reconstructionist. That makes her a tremendous asset to any motor vehicle accident case, but especially to one involving fatal injuries. Because she is able to meticulously examine the circumstances of the accident, her preparation and skills can carry a lot of weight when it comes to deciding the case.

While no amount of money or financial benefit can truly make up for the loss of a loved one, it can be some consolation to know that you do not have to struggle to pay for necessary expenses. By pursuing justice in a wrongful death case, you may be able to secure compensation that an insurance provider or the liable party would have otherwise ignored or deemed unnecessary.

What Is Considered a Wrongful Death?

In New Mexico, a wrongful death is considered any death that was caused by another party’s wrongful act, negligence, or failure to act. If the deceased would have had the legal right to pursue a case against the responsible party had they lived, then a wrongful death case can be opened to pursue damages.

There are also ways of gaining financial compensation for consequences that are not readily apparent, such as emotional grieving and the loss of welcome companionship. You could stand to recover compensation that provides for such aspects as:

• Final medical treatments
• Funeral and burial costs
• Wages decedent would have earned in their lifetime
• Nominal damages (mental trauma of loved ones)
• Punitive damages, when criminal neglect or action is the cause

A significant step in recovering after the wrongful death of a loved one is being able to find someone who is willing to support you through the difficult times ahead. While our legal team at Berenson & Associates, PC might offer legal counsel first and foremost, we understand that real compassion is crucially important – not only for your own sake, but also for the strength of your case against the party responsible for your loss.

Proving Wrongful Death

To receive damages for a wrongful death, your lawyer must prove that the defendant in a claim is liable for what occurred. This process is roughly the same as proving negligence in a personal injury claim. To prove this, your lawyer must conduct a thorough investigation of the situation and uncover where the liability is.

They need to look for any evidence that can be helpful in proving what happened. It’s also possible that eyewitness testimony may help prove what happened. There may even be some cases where bringing in a professional witness in a particular subject area, such as car accidents or proper care in a nursing home, may be effective in explaining to the court what occurred.

Duty to Care

The first thing that your lawyer needs to establish is that the defendant had a duty to care in the situation in question. This is the idea that they had a responsibility to make sure that their actions wouldn’t put those around them in unreasonable danger. They also had a duty to take reasonable precautions that would reduce the risk of their actions to others.

What exactly this means can vary depending on the specific nature of the incident that led to the wrongful death. The more technical the situation, the more likely that some kind of peer of the defendant may need to be called upon. They can make sure that the court understands the expectations of someone in that position.

Breach of Duty

Once a duty to care has been established, your lawyer must persuade the court that there was a breach of duty. They need to show that the defendant failed to live up to the duty that they had to the deceased. This could be either actions that the defendant took or some inaction on their part.

What’s important is that they failed to act as a reasonably careful person would, given the same circumstances. This means that your lawyer needs to prove both what was done in that situation and how that differed from what should have been done.

The Breach Caused the Death

Lastly, your lawyer must show that the breach of duty was directly the cause of the death of your loved one. In cases where there was an accident that led to the death, this would mean first showing that the accident resulted directly from the breach and that the death was then the direct result of the accident.

Depending on the situation, the defendant may attempt to challenge either or both of those assertions. There are some cases where breaches may occur but not be the cause of an accident. There are also situations where an accident may not be the direct cause of death, such as if there were pre-existing conditions. Your lawyer can be prepared to answer these kinds of challenges.

Damages

Once the breach as the cause of death has been established, you can argue for damages in the case. These damages, though, must be shown to be the direct result of the death. While it can be difficult in such a challenging time, this is why it is critical that you keep documentation of the costs that you are burdened with, as that can lead to them being addressed through damages.

Filing Claims Against the State and State Agencies

In some situations, the state may be liable for the death of a loved one. For example, if the negligence of someone from child protective services (CYFD), law enforcement, or another authority caused your loved one to pass on, there is only a two-year time frame to file a claim. While this may seem like plenty of time, it can quickly slip through your fingers.

However, beware that you only have 90 days from the date of the incident to bring a tort claim forward against a state agency. This is why acting swiftly is important when considering taking legal action.

We have extensive experience holding them accountable for their actions, and we are prepared to advocate for your justice as well.

Who Receives the Compensation From a Wrongful Death Case

If there is a recovery, the money won from a wrongful death claim goes to specific people. The money awarded can’t be used to pay off any of the deceased’s outstanding debts, if applicable.

In 2024, there were 243,739 households in Albuquerque, with an average of 2.3 people per household. The money earned in a wrongful death case is divided depending on the familial situation of the deceased:

1. If there is a surviving spouse and no living children, the spouse gets all the compensation. In 2024, around 224,133 people in Albuquerque were married.
2. If there’s a surviving spouse, children, and/or grandchildren, the spouse gets half the compensation, and the other half is divided equally among the children. If a child is deceased and has children of their own, the grandchildren would receive their share.
3. If there is no surviving spouse, but there are children and/or grandchildren, the children share the compensation equally among them, and if one is deceased, their share would go to their own children.
4. In 2024, around 106,462 residents of Albuquerque were under the age of 18. If the person who passed away was a minor, unmarried, and had no children, the compensation would go to their parents equally. If one parent is deceased, the surviving parent receives all the compensation.
5. If there is no spouse, children, grandchildren, or parents, the compensation goes to any surviving siblings.
6. If there are no living close relatives, the compensation is distributed according to New Mexico wrongful death laws.

FAQs

Q: What Is a Wrongful Death Claim Worth?

A: The worth of a wrongful death claim varies case by case, depending on the specific details of what happened in your unique situation. The goal of a wrongful death claim is to cover the total cost of your loss. Common damages in these claims include medical and burial expenses, future earnings, retirement contributions, and non-economic damages like loss of a long relationship, pain and suffering, and emotional trauma.

Q: Do You Need to Hire a Wrongful Death Lawyer?

A: You want to hire a wrongful death lawyer to help guide you through every step in New Mexico’s legal process. You may have already received a settlement offer for your loss, which leaves you questioning if a lawyer is necessary at all. We can help you identify what a fair value for your compensation is, negotiate to secure compensation that accurately reflects the current and future costs of your loss, and secure that settlement in as little time as possible.

Q: How Long Do I Have to File My Wrongful Death Claim in New Mexico?

A: In New Mexico, a wrongful death claim must be filed within three years of the date of death. While this timeline may seem long, it is important to act quickly and file as soon as possible.

The longer you wait, the harder it can be to collect and preserve relevant evidence for your case. Witness memories fade fast, and surveillance footage and other crucial proof may disappear with time. Working quickly can increase your chances of success in your case.

Q: Who Can File a Wrongful Death Claim in New Mexico?

A: In New Mexico, a personal representative is the person to file a wrongful death claim, not the deceased’s family members. Only one wrongful death claim can be filed. The personal representative is typically either a trusted named person in the deceased’s will to handle their estate after they pass away or appointed by a New Mexico court if there is no will.

These cases are typically overseen by the Bernalillo County District Courthouse, located at 400 Lomas Boulevard Northwest.

Tell Us Your Story

We know how hard it is to lose a loved one, which is why we are dedicated to holding liable parties accountable for their actions. We have helped family members seek justice after losing their grandparent, niece, nephew, or other relative to the actions of negligent parties with a wrongful death case to receive fair monetary compensation.

Your case may raise questions that you are still unsure about. Please call our New Mexico personal injury law firm to discuss your case confidentially in a free consultation. Reach our Albuquerque office at 505-243-4400 or complete our online contact form.