Tragedy of Wrongful Death

Personal injury lawyers handle few cases as difficult and emotionally charged as wrongful death cases. There are so many sensitive factors and so many legal complications that it takes an attorney with years of wisdom and an absolutely solid grasp of New Mexico liability law to successfully negotiate a settlement for the victim’s surviving loved ones. Here are just a few of the complexities that a lawyer must navigate in a wrongful death case:

  • The emotional state of the victim’s loved ones, which must be respected and protected

  • The sensitive nature of an accusation that a company or individual negligently caused another person’s death

  • Expenses of funeral arrangements and interment

  • The possibility of criminal activity leading to wrongful death

As difficult as the idea may be, the family of an accident victim must engage a skillful, dependable, and compassionate lawyer as soon as possible following a wrongful death in order to conclude the settlement/judgment process quickly. Procrastination often leads to more pain and complication in the form of a drawn-out legal conflict.

Types of Wrongful Death

In New Mexico, the term “wrongful death” refers to the death of an individual that is caused, directly or indirectly, by the actions of another person (or a company). Some examples include:

  • A construction worker who is killed in an on-the-job accident because equipment was not maintained properly

  • A passenger killed in a bus accident by a drunk driver

  • A surgery patient who dies because of a faulty piece of medical equipment

  • A child who is a victim of a dangerous toy that poses a choking, strangling, or drowning hazards

Whatever the nature of the accident, it usually takes a skilled lawyer to prove responsibility, compile a reasonable demand, and negotiate a settlement that gives the victim’s family the financial relief they need as they mourn their loss.

Handling Wrongful Death Litigation

The specifics of your wrongful death lawsuit will depend on the circumstances of the accident under consideration.

  • Your lawyer may need to prove that a drug caused a side effect that led to death.

  • You may have to file a civil lawsuit for damages while a criminal trial is also underway.

  • Your attorney may have to show that signed agreements or contracts did not constitute the victim’s acceptance of the unreasonable risk of death.

  • Your legal team may face stiff opposition from an insurance company that does not want to pay on a claim, even to compensate the surviving family members of a wrongful death victim.