Standing Up for the Families of Wrongful Death Victims in New Mexico
What Happens After the Wrongful Death of a Loved One?
After a devastating loss of a family member due to an act of negligence, one question cuts through the emotions: “what do we do?”. Contact one of our experienced New Mexico Wrongful Death Attorneys to get the information you need.
You have rights. In the State of New Mexico you have the right to see that those who caused the wrongful death are held responsible so no other family has to experience what yours has been put through. You have the right to seek fair compensation to cover the cost of having an important member of your family taken away from you in New Mexico.
The experienced attorneys of Robins Cloud LLP can help you in Santa Fe, Albuquerque, and throughout New Mexico. Our lawyers will stand by your side. You are not in this alone. We are here for you.
Whether you lost a loved one in a truck accident, an oil refinery explosion, due to child abuse at a wilderness camp or because of any other act of carelessness, our qualified attorneys are ready to go to work for you.
There are particular restrictions in New Mexico regarding who is allowed to collect damages resulting from wrongful death cases, so it’s very important to have experienced attorneys on your side. The attorneys working out of our central Santa Fe office are well versed in the process involved with wrongful death claims in New Mexico.
We have built a reputation throughout the country for our ability to achieve positive results in even the most challenging wrongful death cases.
We get results because we work hard and think critically. We get results because we are not willing to stop until we have done all we possibly can. You can count on us to provide you with the level of care you deserve from your attorney.
Experienced Attorneys Fighting For You
We will fight for you because we care about you. At Robins Cloud, we truly believe that nobody in New Mexico should ever have to suffer through the wrongful death of a family member. These accidents simply should not happen, and we’re here to help make them right.
Our attorneys will listen to you and take great care to meet your needs. We work for you and will only take the steps you’re comfortable with.
What Exactly is “Wrongful Death”?
Much like personal injuries, wrongful deaths are caused by negligence, recklessness or outright malicious intents of others. The difference between the two types of cases is those careless actions ultimately lead to untimely loss of victims’ lives in wrongful death situations. Essentially, wrongful death is the next step up from personal injury, but proving who is at fault is an equally complicated matter.
At Robins Cloud LLP, our New Mexico wrongful death attorneys have considerable experience and thorough knowledge of the legal system as well as a highly qualified network of expert witnesses and numerous other resources at your disposal. Cases like these can stem from a number of different scenarios, but they’re most commonly results of:
- Automobile accidents
- Fatal work-related injuries
- Defective products
- Harmful prescription medications
- Defective medical devices
If you’ve lost a loved one because of someone else’s negligence, the burden of proof for this type of crime rests on your shoulders; of course, with our team on your side, your burden becomes our burden. We’ll put our extensive resources to work to ensure your rights are upheld and justice is served. Responsibility for the wrongful death of your spouse, child, parent, grandparent or other relative could fall on:
- An irresponsible driver
- A trucking company
- An employer
- The owner of a public establishment
- Product designers, manufacturers or distributors
- A pharmaceutical company
- A medical facility
- Public event coordinators
- Government entities
These are only a few of the guilty parties we most often unearth and battle in court on your behalf. Three basic elements must come together to build a strong wrongful death case. First of all is duty of care; we have to establish the guilty party had an obligation to uphold in the circumstances leading up to your loved one’s death. If an employer is to blame, our mission would be to prove he or she was responsible for providing a safe working environment for employees.
Second in line is proving that duty of care was breached. In the previous scenario, we would need to show evidence the employer failed provide a safe environment for his workers, such as refusing to have equipment properly maintained or taking unnecessary risks in order to save money or meet a deadline. Lastly, we must prove causation which, for our example, means the employer’s actions were directly linked to the loss of your loved one.
Our New Mexico wrongful death lawyers will stand by your side to meet all these prerequisites. We’ll gather solid evidence and bring forth credible eye witnesses to the event as well as highly qualified industry experts to seal your case. The defendants will have a legal team on their side trying to debunk everything you present to the court, but we’ll be there to turn the tables on them.
Exceptions to the Rule
In some cases, murder could also be brought into the realm of wrongful death. This type of wrongdoing is considered a criminal offense whereas wrongful death falls into the category of civil crime. If an alleged murderer is found not guilty in a criminal court, you may be able to bring wrongful death charges upon him in civil court. Victims’ families have also been allowed to file civil claims against those found guilty of murder. If your loved one was murdered, consult with one of our legal representatives to find out if you could have a wrongful death claim.
To What Types of Damages am I Entitled?
Damages possibly awarded in a wrongful death case are similar to those of a personal injury with a few extensions. They’ll also vary based on your relationship with the victim as well as several other factors. As the spouse, parent, grandparent, adult sibling or other relative or surviving guardian of the victim, you may be entitled to:
- Medical expenses and funeral costs
- Your lost loved one’s physical and mental suffering before death
- Lost wages
- Future wages your loved one would’ve been able to earn
- Loss of emotional and physical elements of the relationship (love, companionship, guidance, physical and emotional support, etc.)
- Your mental anguish
- Court fees and expenses related to hiring a New Mexico wrongful death attorney
If you’re the only surviving family member of the victim, any damages will be awarded to you alone. Should other family members be affected by your loved one’s death, such as children, financial compensation will be divided among everyone involved. Exactly how those damages are divided will depend on the circumstances surrounding the case.
How Long do I Have to File My Case?
With wrongful death cases, as well as most others, the legal systems imposes a time limit on how long you have to file your claim. It’s what we call a statute of limitations. In most states, the time limit is two years, but New Mexico actually allows victims’ surviving family members three years. While this may sound like plenty of time to get the ball rolling, acting as quickly as possible is the best plan of attack.
Keep a couple things in mind. First of all, courtroom dockets are generally filled with all types of cases, so the earlier you contact an Albuquerque wrongful death lawyer, the sooner you’ll be able to be heard in court. Secondly, memories fade and evidence has a way of disappearing over time, so taking action as soon as possible gives both of those issues less time to negatively affect your case.
In a Nutshell
Our team of New Mexico Wrongful Death Attorneys is standing by to help you get the compensation you deserve for the untimely death of your loved one. We have the experience and resources to get to the heart of your case, determine who’s to blame and prove this in court. Losing a loved one is a life altering experience filled with heartache, but the at-fault party’s legal counsel has only one goal: to keep their client from being held responsible and being forced to pay out damages. Contact Robins Cloud LLP, and let us handle your case. We’ll fight for your rights and make sure the ones responsible for your loved one’s death aren’t able to harm anyone else.