Filing a Wrongful Death Claim after a New Mexico Accident

Every year, accidents across the state of New Mexico take the lives of thousands of innocent people. The unexpected and sudden loss of a loved one can be incredibly difficult to deal with. Unfortunately, there are countless cases where innocent people die due to the negligent or reckless actions of others.

If the negligence of another person has taken the life of your loved one, it is crucial that you are aware of the legal options that you have. In most cases, families are able to seek compensation from the responsible party by filing a wrongful death claim. There are various circumstances that can give rise to a wrongful death action after a sudden and unexpected loss.

Cases that Give Rise to Wrongful Death Claims

Wrongful death cases can be filed under various circumstances. Some instances are more common than others. Some of the most commonly argued circumstances surrounding wrongful death claims are:

• Automobile accidents: Approximately 40,000 people across the United States will lose their lives every year due to a vehicle accident. In these types of accidents, some of the major causes of fatality are careless driving, driving under the influence of alcohol, and driving while distracted.
• Medical Malpractice: Each year, millions of people put their lives in the hands of the professionals who work in the medical field. These people are highly skilled experts in their industry, and they save a significant number of lives every day. Regrettably, there are a great number of cases in which significant errors made during treatments or procedures might have quite undesirable outcomes. In some instances, medical professionals fail to provide an accurate diagnosis, provide patients with the incorrect dosage of medications, or even operate in unsanitary settings. All of these scenarios have the potential to end in death, making doctors legally responsible for the chain of events that led up to the patient’s passing.
• Premises Liability: Those who do not properly maintain the safe conditions of their property may be held legally responsible for any resulting fatalities. The absence of stair rails, broken walkways, and inadequate lighting can all pose serious health risks. It is essential for property owners to take any and all necessary procedures to ensure that their land is secure and risk-free for guests. Property owners might be held accountable for the loss of life if they ignore dangerous conditions on their properties, such as broken electrical wiring, fractured flooring, or inadequate security measures.
• Unsafe Medical Equipment, medications, or medical products: Individuals purchase medications and medical equipment under the expectation that the device or product is going to function as intended. People assume that these things are safe to use. Commercial products are required to adhere to strict liability standards. Unfortunately, this is not always the case. In many situations, businesses are in a hurry to release their products onto the market without first assuring that they are free of any health or safety risks. They might take shortcuts during manufacture or sell goods designed with hazards from the beginning of the process. When a manufacturer sells a product knowing that it is harmful to consumers to use it, they take full legal responsibility for any deaths or injuries resulting from the product being used.
• Nursing Homes: Wrongful death claims can be filed against nursing homes if they fail to provide adequate patient care. Successfully providing liability against a nursing home requires a claimant to show that some elderly abuse or neglect took place and resulted in the death. These cases often require witness statements, medical examinations, and photographs or videos showing abuse marks or behaviors.
• Death In A Hospital: A family member may be able to file a wrongful death claim against a hospital if a patient dies due to negligence on behalf of medical personnel under certain circumstances. Hospitals are generally not held liable for deaths that were caused by sub-contractors to the hospital. Only deaths caused by a negligent act by direct hospital employees can result in a successful lawsuit.

Unfortunately, any act of negligence can have devastating consequences for others around.

How Long Do Wrongful Death Lawsuits Take

Although the emotional and financial suffering results instantly after the death of a loved one, wrongful death lawsuits are not as quick to respond. The length of the settlement depends upon various factors. The number of parties involved and their willingness to settle will majorly impact a speedy recovery.

When parties are unwilling to settle, cases can take several months or years from the initial filing to the actual collection of compensation for damages. Hiring an experienced attorney will greatly improve your chances of filing a successful lawsuit to recover the maximum amount of compensation for your case.

Working with a knowledgeable legal team can help to provide you with the best chance of holding the negligent party accountable. Your attorney can take the legal work off your shoulders, so you can focus on your family and moving forward.

It is heartbreaking when a loved one dies due to an auto accident, workplace accident, or another act of negligence. No amount of justice can bring them back, but it is important that their death be acknowledged and the responsible party held accountable for their actions.

Work with a Wrongful Death Lawyer

Will Ferguson & Associates has decades of experience helping families pursue New Mexico wrongful death claims against negligent parties in order to achieve closure and justice. We understand how difficult this time may be for you and your family, which is why we offer all our services on a contingency fee basis so that your family never has to worry about covering any legal fees upfront. If you have lost a loved one due to an auto accident or another form of negligence and seek justice in honoring their memory, please do not hesitate to reach out to our New Mexico law firm as soon as possible at (505) 243-5566 so that we can start building the strongest wrongful death lawsuit possible for your family today.