Las Cruces Wrongful Death Lawyer

Wrongful Death Attorney in Las Cruces, NM

After the devastating loss of a loved one because of the carelessness or wrongful act of another party, surviving family members could recover some of their losses through a wrongful death claim. These cases can be much harder than personal injury claims because the person in the accident cannot give testimony. Families should get the support of a Las Cruces wrongful death lawyer to make the process easier and hold the at-fault party accountable.

Experienced and Compassionate Attorneys in Las Cruces

The team at Berenson & Associates, PC, knows that financial compensation will never recover the immense loss a family has suffered. Filing a claim can instead provide crucial financial support for a family during their grief, help families find closure, and hold the negligent party responsible for their actions.

We can represent you through each step of the claims process. Our firm’s leading attorney has more than 25 years of experience in many types of personal injury law, and she is a certified accident reconstructionist. This is incredibly useful in wrongful death cases when determining the cause of the accident. We use our knowledge of Las Cruces wrongful death laws and the firm’s resources to provide exceptional legal support.

Wrongful death cases in Las Cruces may be filed with the Third Judicial District Court, depending on the jurisdiction. This court is located at 201 W. Picacho Avenue.

What Are the Reasons for Wrongful Death Claims?

Wrongful death cases can happen for numerous reasons, from negligence in a vehicle accident to intentional criminal acts. Each case is unique, but understanding common types of wrongful death claims may help families know their options for filing a claim.

Some common reasons for wrongful death claims include:

Car Accidents

In Doña Ana County, there were 4,845 vehicle crashes in 2023 and more than 12,000 people in those crashes, giving the county the second-highest number of vehicle crashes in the state. 30 of these crashes were sadly fatal, and 1,404 of these were injury crashes. Las Cruces, NM had the second-highest number of crashes per city in the state, with 3,463 crashes, following Albuquerque.

When someone is involved in a fatal car accident, the driver or other party at fault for the crash can be held responsible in a wrongful death claim. A driver may be to blame for driving under the influence, driving too quickly for the conditions, or otherwise driving recklessly.

Car accidents are a frequent cause of wrongful and unintentional deaths in the state. Contact our Las Cruces car accident lawyer to discuss your case. Certain types of vehicle collisions, such as truck accidents and motorcycle accidents, are especially likely to lead to serious and fatal injuries.

Workplace Accidents

Many injuries occur in workplaces each year, and some of these incidents result in employee deaths. In New Mexico, there were 38 fatal workplace injuries in 2023, 22% of which were caused by transportation accidents, according to the U.S. Bureau of Labor Statistics.

While any workplace could have fatal accidents, certain injuries are more dangerous than others, such as:

• Transportation
• Warehousing
• Construction
• Mining
• Manufacturing

After a fatal accident, surviving family members can file a claim through workers’ compensation insurance for the loss of their loved one. In some cases, they could hold a party liable through a civil wrongful death claim.

Medical Malpractice

Medical providers owe their patients a duty of care to adhere to accepted medical care standards. If a provider deviates from these accepted standards without reason and this causes an injury or the death of the patient, the provider can be held accountable. This includes a physician, a nurse, a hospital, or another healthcare professional or entity. Acts of malpractice can include a failure to diagnose, surgical errors, and other issues.

Premises Liability Incidents

The most common type of premises liability claim is a slip-and-fall accident. In 2023, unintentional falls were the third-most common cause of death in New Mexico, according to the Centers for Disease Control. Falls are especially dangerous and likely to be fatal for those 65 and older. Property owners could be held liable for the injuries if they were negligent in the care of the property.

Dangerous Products

Defective and unreasonably unsafe products can cause injury and death, such as:

• Faulty medical devices
• Dangerous appliances and tools
• Defective car parts
• Hazardous pharmaceutical drugs

The manufacturer may be liable for a death caused by a dangerous product.

FAQs About Las Cruces Wrongful Death

Q: How Much Does a Lawyer Charge for Wrongful Death Cases?

A: The amount a lawyer charges for a wrongful death case is typically a percentage of the final settlement or court verdict. This contingency fee can vary, depending on the attorney and the specifics of your case.

If your case requires many resources and is complex, it may have higher fees. An attorney with more experience is also likely to have higher fees, although high costs do not always equal experience. Always talk about costs upfront with a potential attorney.

Q: What Are the Odds of Winning a Wrongful Death Claim?

A: The likelihood of winning a wrongful death claim will depend entirely on the specifics of your case, including:

• The evidence that supports your claim
• Whether you work with a skilled attorney
• The other party’s willingness to settle

When you hire a Las Cruces wrongful death lawyer, they can explain the odds of winning your specific case based on their knowledge and experience.

Q: Do Most Wrongful Death Cases Settle?

A: Yes, most wrongful death cases settle out of court rather than going through a trial. Trials can be long, stressful, and costly, so both parties generally want to avoid them. However, a trial is crucial if the at-fault party refuses to pay a fair settlement that covers all that the family has suffered after a loss. A trial could also result in more significant compensation. An attorney can help families weigh the benefits and drawbacks of a settlement vs. a verdict.

Q: What Evidence Should Be Admitted in a Wrongful Death Case?

A: The evidence that should be admitted in a wrongful death case will depend on the type of case, the negligence of the at-fault party, and other factors. It could be:

• Eyewitness testimony
• Photos and videos of the accident
• Cell phone records
• Medical records
• Professional and expert testimony
• Medical bills
• Police or accident reports

When you work with a wrongful death attorney in Las Cruces, they can investigate to determine what evidence is useful for your case.

Reach Out to Berenson & Associates, PC

It is never easy to lose a loved one, but it can be even harder when the loss is the result of someone else’s carelessness. Contact our firm today for skilled legal representation.