Suffering through the loss of a loved one can be a deeply emotional time for New Mexico residents, but even more so if the death was unexpected and caused by another person’s negligence or recklessness. As the grieving for such a loss unfolds, there may be legal options for the victim’s surviving family members to consider. One such option may be a wrongful death lawsuit.

Overview of wrongful death claims

When contemplating a move to pursue a wrongful death claim, there are some basic factors that must be met in order to have a chance to be successful in such a claim. First, and perhaps obviously, there must have been a death. Second, the death in question must be proven to have been caused by the reckless or negligent conduct or omissions of another party. And lastly, it must be proven that there are surviving family members of the victim who will suffer monetary losses because of the untimely death of the victim.

When the personal representative of a deceased person’s estate decides to pursue a wrongful death claim, it can be a decision that could ultimately lead to financial recovery that can help the victim’s surviving family members. However, like all legal cases, wrongful death claims turn on the evidence that is available. Securing that evidence and presenting it persuasively can be the toughest part of a wrongful death lawsuit.

Seek advise and make a decision

New Mexico residents who have lost a loved one in tragic circumstances, such as a fatal motor vehicle accident, for example, may want to consider whether or not they can pursue a wrongful death claim. For more information about how our law firm attempts to help with such claims, please visit the wrongful death overview section of our website.