Losing a loved one is always difficult. It’s especially hard to cope with when the death was one which was at the hands of another person and could have been prevented. New Mexico’s wrongful death statute offers grieving families the opportunity to claim compensation...
Wrongful Death
New Mexico’s CYFD is failing kids
A recent report shows that the New Mexico Children, Youth, and Families Department is failing to do its job – which is to protect vulnerable children. The Legislative Finance Committee (LFC) report discovered that: 40% of children reported to CYFD for a severe injury...
Attorney Rachel Berenson interviewed by KRQE News 13
KRQE News 13 recently interviewed our partner Attorney Rachel Berenson about the wrongful death case we are handling concerning James Dunklee Cruz, who died at the hands of his mother’s partner. The 4-year-old died after a series of failures by New Mexico’s Children,...
New evidence highlights state failings in child’s 2019 death
The New Mexico Children, Youth, and Families Department (CYFD) primarily exists to protect vulnerable people from domestic violence and neglect. When CYFD investigates a child's circumstances or a family, workers potentially have the authority to remove a child from...
Why Albuquerque boy’s death a case of wrongful death
While death will come to us all, sometimes it comes far too soon to people you love. In some cases, that is just bad luck. Yet, if you believe someone could have prevented that death from happening or their actions led to the death, you may consider filing a wrongful...
What evidence do I need to prove wrongful death?
It is traumatic to lose a loved one, but it is even worse when that person died because of someone else's negligence or intentional harm. It may not have occurred to you that you could file a wrongful death suit. These suits are much easier to prove than a criminal...
What do criminal charges mean in wrongful death cases?
The average adult in New Mexico doesn't fully understand the criminal justice system, let alone the awkward point where criminal justice and civil justice intersect. Confusion, urban legends and half-truths abound when people discuss their rights as the victim of a...
What proves wrongful death in nursing homes
There are many varieties of wrongful death. Patients in nursing homes who pass on due to neglect belong in this personal injury category. Family members of victims may sue the care facility responsible for the loss of their loved one. Winning in court hinges on...
What happens when the protector fails to protect?
A four-year-old boy died two years ago, allegedly after a severe beating from a family friend. In the latest development in the death of James Dunklee Cruz, the boy’s mother and the girlfriend of the accused killer were charged with child abuse in mid-December. This...
A tragic and preventable death
The New Mexico Children, Youth, and Families Department (CYFD) are responsible for children's safety when reports of neglect and abuse come to their attention. Excuses for their shortcomings are typical, citing a lack of oversight, continuing employee vacancies, and...