In the event of the wrongful death of a loved one, the surviving family members can file a lawsuit 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.
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 will not 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.
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 win compensation that provides for such aspects as:
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 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.
We know how hard it is to lose a loved one, which is why we fight so hard to hold 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 lawsuit to receive fair monetary compensation.
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 fighting the state to hold them accountable for their actions, and we are prepared to fight for your justice as well.
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 noneconomic damages like loss of a long relationship, pain and suffering, and emotional trauma.
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.
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 an expert 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.
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 ensure 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 will 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 will need to be called upon. They can make sure that the court understands the expectations of someone in that position.
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.
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.
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 their being addressed through damages.
Your case may raise questions that you still are 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.