Death is never easy for anyone. It is harder if the death was wrongfully caused by another.
Not everyone understands what the term wrongful death means or what they can do about it if something happens to a loved one. The best definition of a wrongful death is that it is a fatality that took place because of someone else’s negligent or wrongful actions.
Another point to remember as well, is that a wrongful death claim is a civil action filed against the negligent person(s) responsible for the casualty in question. In most instances, a wrongful death claim is filed by close family members on behalf of the deceased person, and it states that the accused or defendant was negligent or committed a wrongdoing that killed someone. Surviving family members are called beneficiaries and they are entitled to compensation for the death.
While this may sound fairly straightforward, at one time, there was no legal recourse for bereaved family members. Over a period of time, the various states began to realize that the survivors in a wrongful death case needed to be protected. Now, every state has a wrongful death statute. They aren’t all the same, so it’s best to check what may be applicable in your state. For instance, if you live in New Mexico, you’d want to ask a New Mexico wrongful death lawyer what the applicable statute says in that state.
Because a wrongful death case is tried in a civil court, and not in criminal court, the burden of proof is different; a preponderance of the evidence, not beyond a shadow of a doubt. What difference does that make? The difference means that it’s a lot easier for a family to pursue justice for a wrongful death under that burden of proof than it would be to criminally prosecute them.
This is not to say that a defendant can’t be prosecuted criminally and have a civil lawsuit filed against them as well. For example, if the defendant was being tried criminally for murder, they may still also be sued civilly for wrongful death. Think O.J. Simpson.
Generally speaking there are several categories where a wrongful death lawsuit may be filed by a New Mexico wrongful death lawyer: toxic exposure, products liability, defective drugs or medical malpractice. Unfortunately, death by medical malpractice is far more common that we would care to even think about. Would you believe over two hundred thousand people die each year because of medical errors?
If you have lost a loved one as the result of someone else’s negligence, you will need sound advice from a New Mexico wrongful death lawyer.
Scott Atkinson was admitted to practice in New Mexico in 1989 and is a New Mexico personal injury lawyer and New Mexico wrongful death lawyer with the Atkinson Law Firm, LTD. Learn more at Attorneynewmexico.com or call 1.505.944.1050.
