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 death lawsuit.
Under New Mexico law, the deceased person’s estate must bring the claim rather than the family directly. That is precisely what one Albuquerque family is doing with our help. The case involves a four-year-old boy alleged to have died at the hands of his mother’s roommate.
Filing against the person alleged to have killed the child might have been an option, yet the case we are helping to bring targets New Mexico’s Children Youth and Families Department (CYFD).
The grounds are that the CYFD knew the child was suffering abuse and had made eight separate investigations into it, yet still decided he would be safe in his mother’s care. In other words, their negligence led to the child’s death.
Proving negligence can be complicated. Yet, in this case, one of the investigation team testified to say that after the boy died, her supervisor asked her to destroy records that could help incriminate the CYFD for their failures. That suggests they knew they made mistakes.
A lawsuit cannot bring your loved one back or make your loss any less painful, but it can help you get the financial compensation that will allow you to move forward. It’s also one more way to get some justice for your loved one and, sometimes, prevent others from suffering a similar fate. If you believe you have cause to claim wrongful death, get legal help to find out more.