People don’t always understand what wrongful death means. It’s death at the hands of someone else’s negligence.
While that is a somewhat simplified version of what wrongful death is, it is largely called wrongful death because someone was killed due to the negligence of another. Could there be criminal charges involved in this kind of a situation? Yes, there certainly could, but that would not affect the ability of the family to still file a wrongful death lawsuit with the help of a New Mexico wrongful death lawyer.
A criminal action and a wrongful death action under statute are two different things. It also doesn’t matter if the accident that caused a death was unintentional, the person responsible for that death must pay compensation for the victim.
If you are/were related to the deceased, you have every right to file a lawsuit; a suit that will let you recover your financial losses, other damages, and any injuries if you were also involved in the same accident that took the life of your loved one. This money will help you stay on track with your life, although at the time, that’s the last thing you tend to think about. Often included in wrongful death damages are other things such as mental anguish over losing your relative, your pain and suffering, and the pain and suffering of the victim, any lost inheritance you may have received and/or any benefits, and in some instances, punitive damages.
Most often punitive damages are awarded if the action that caused the wrongful death is so frightfully terrible and awful that punitive damages are called for to make an example of the defendant. Of course, none of this is possible without the assistance of a New Mexico wrongful death lawyer; an experienced attorney who knows how to prove any malicious intent of the wrongdoer(s).
Typically speaking, the people who are able to file a wrongful death lawsuit are immediate family members. The thing to remember is that not all states have the same laws, rules or regulations, so it’s best to discuss this with your New Mexico wrongful death lawyer. Some states allow step-parents, dependents and grandparents to file suit if there is no immediate family members to step up.
You should know that not every wrongful death claim is necessarily valid, just as not every medical malpractice case is actually the result of negligent malpractice. In order to find out if you actually have a wrongful death case, you need to ask a personal injury lawyer about the circumstances of your case. While you’re at it, you will also want to ask about the statute of limitations in your state, as not all states have the same limits. If you miss filing by the allotted deadline, that’s it for your right to sue. In other words, if you miss the deadline, your right to sue goes up in smoke.
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.
