If you’ve lost a loved one as a result of a fatal accident, you may have legal options available. Contact our New Mexico wrongful death lawyers at Will Ferguson & Associates to find out more about how we can help.
Every year in New Mexico, thousands of innocent people lose their lives as a result of tragic accidents. Sometimes these fatal accidents are caused by someone else’s negligence.
If your loved one has died because of another person’s careless or reckless actions, you may want to consider filing a wrongful death lawsuit. Doing so can help your family secure financial compensation, which can be used to help alleviate some of the losses and expenses that you face. Seeking the assistance of our New Mexico wrongful death attorneys will ensure that you have the best chance of getting justice for your loved one.
Our wrongful death lawyers at Will Ferguson & Associates have more than four decades of experience helping bereaved families pursue legal actions against negligent parties. Although no amount of compensation can bring back your loved one, it can help to alleviate some of the stress and financial struggles that your family faces during this very difficult time.
If your family member was killed as a result of another person’s negligence, contact our New Mexico wrongful death law firm as soon as possible to schedule a free case evaluation to determine the best course of action moving forward.
Wrongful death is defined under New Mexico Statutes § 41-2-2. This law states that a death is considered a wrongful death so long as it is caused by the negligent, wrongful, or default act of another party. In some cases, the defendant may be charged criminally for the actions that led to the death of another person. However, it is important to note that criminal intent is not required for an entitled party to recover compensation in civil court by filing a wrongful death lawsuit.
There are several types of accidents that can result in the wrongful death of one or more parties involved. Some of the most common types of accidents that our New Mexico wrongful death lawyers at Will Ferguson & Associates handle include:
Auto Accidents: Each year in the United States, tens of thousands of people die in fatal car crashes. In 2021 alone, a total of 470 traffic fatalities were reported in the state of New Mexico. In many cases, negligent drivers are the reason for these accidents. If your loved one died because of another driver speeding, texting while behind the wheel, or engaging in another reckless action, your family may be able to pursue a wrongful death claim. Some common motor vehicle accidents that can lead to wrongful death claims include:
Medical Malpractice: Statistics show that more than 250,000 Americans lose their lives due to medical malpractice every year. Although we trust medical professionals with our lives, there are many instances where they engage in negligent conduct that ultimately leads to fatal mistakes. Common fatal medical malpractice cases that our malpractice attorneys handle include:
Nursing home neglect: According to statistics, more than 5,000 nursing home deaths are reported each year that involve some form of negligence. Even though we send our loved ones to these facilities for round-the-clock care, they, unfortunately, don’t always receive the quality of care that we expect. In severe cases, fatalities sometimes occur because of the negligent and reckless actions of nursing home staff members.
Product Liability: Defective products in the United States cause nearly 22,000 fatalities annually. A recent report provided by the US Consumer Product Safety Commission shows that more than 51,000 fatalities occurred involving defective or malfunctioning products in the United States in 2020. When consumers purchase products to make performing various tasks easier, a fatality is the last thing anyone expects to happen. Unfortunately, however, we continue to see cases in which people die due to products malfunctioning or not working properly. Common products that are reported in fatal product liability claims include:
Premises Liability Accidents: Tens of thousands of people pass away every year as a result of preventable accidents that take place at homes or businesses across the United States. In 2020 alone, more than 42,000 people died in slip and fall accidents. These people suffered fatal injuries because of the reckless, negligent, or malicious actions of other people. Many of these accidents occur in homes and businesses across the entire state of New Mexico. Some of the most common types of premises liability accidents that are identified in wrongful death claims by our team at Will Ferguson & Associates include:
Boating Accidents: In 2021, nearly 660 people died in boating accidents across the United States, including right here in New Mexico. Sometimes, these accidents are a direct result of someone’s negligence. Common factors in fatal boating accidents in our state include:
Workplace accidents: In 2021, a total of 5190 people died in accidents that happened on the job. This number increased 8.9% from 2020. Here in New Mexico, the workplace fatality rate ranges between 4.4 to 7.6 deaths per 100,000 employed workers. The leading cause of death while on the job is transportation accidents. However, we see many people lose their lives on the job as a result of slip and fall accidents, caught-in or between incidents, and being struck by falling objects.
Oilfield accidents: Every year, hundreds of oilfield accidents are reported in the state of New Mexico. Unfortunately, some of these accidents are fatal. In fact, statistics provided by the Census of Fatal Occupational Injuries show that a total of 489 people died as a result of oilfield accidents in New Mexico between 2013 and 2017.
No matter what type of accident caused the death of your loved one, it is important that you seek the assistance of a New Mexico wrongful death attorney as soon as possible. Your family may be able to pursue a wrongful death case against the person who is responsible. Working with a knowledgeable and experienced wrongful death attorney can help to ensure that you have the best chance of getting justice as well as compensation.
Dealing with the untimely death of a loved one is not something for which we can ever really prepare. Trying to deal with funeral arrangements, adjusting to losing a source of income that their family has depended upon, and dealing with emotional and financial burdens is incredibly difficult. The last thing that families should have to worry about is filing a wrongful death lawsuit because someone took their loved one’s life. For this reason, it is crucial that the surviving spouse and any other entitled party seek the assistance of a legal team of aggressive New Mexico wrongful death attorneys as soon as possible. Let us take care of everything so you can focus on moving forward.
At Will Ferguson & Associates, our team is committed to helping families protect their legal rights. While working with us, you can rest assured knowing that you are in the best position possible to get justice after losing a loved one. While working on your wrongful death case, our team will provide you with invaluable services to ensure you are able to hold the responsible party accountable. Some of the ways that our New Mexico wrongful death attorneys will help you throughout the duration of your claim include:
Our legal team at Will Ferguson & Associates will put to work our decades of experience fiercely fighting to protect our clients who have been affected by the negligent actions of others. We are committed to helping our clients hold negligent parties accountable for their reckless and negligent actions. Schedule a free case evaluation to discuss how a wrongful death case can help you move forward after the loss of a family member.
In New Mexico, an entitled party has a period of up to three years from the date of the decedent’s passing to file a wrongful death claim. As such, New Mexico law requires all bereaved families who intend to take legal action to file within a period of three years from the date of the death or they lose the ability to seek compensation from the responsible party.
This statute of limitations is applicable to cases involving claims filed against any liable party. Under New Mexico law, there are circumstances in which the time to file a wrongful death claim is shortened. For this reason, it is important that you reach out to a New Mexico wrongful death lawyer as soon as possible to ensure you are able to file a timely claim against the at-fault party.
Even though most states allow family members to pursue wrongful death claims against negligent parties, the state of New Mexico provides that only the person who is designated as the personal representative (sometimes called the executor) of the deceased person’s estate can file a wrongful death claim. It is important to note that this person may be the spouse, adult sibling, surviving child, or the parent of the deceased person.
Losing a loved one in an accident that was caused by someone else’s negligence can be incredibly difficult. It is important that you seek justice and hold the person who is responsible accountable. Our wrongful death lawyers at Will Ferguson & Associates have nearly half a century of experience representing families who have suffered the unexpected loss of a loved one.
Our legal team can help you seek the maximum amount of compensation possible to cover the damages that you face. We will aggressively advocate for your rights and fight hard to ensure that you are able to get justice. Contact our law firm today for a free case evaluation with one of our New Mexico wrongful death attorneys to get started on your case.
After wrongful death cases are settled, the funds are generally held by the estate in order to determine who is qualified to collect the recovered damages. There are various circumstances that determine how the money recovered will be divided.
In general, if the deceased person had no children but was married, their spouse is typically entitled to recover all of the damages provided in the lawsuit. If the deceased person was married and had children or grandchildren, all of the damages that are awarded in the lawsuit will be divided among these parties. Typically, half of the settlement will go to the spouse, and the second half of the recovery will be split between the children and grandchildren.
If the deceased person was not married at the time of their death but did have children and/or grandchildren, all of the damages awarded in New Mexico wrongful death lawsuits will be divided among all surviving parties equally.
If your loved one has died as a result of an accident in the state of New Mexico, it is crucial that you have a knowledgeable and skilled wrongful death lawyer by your side to help you determine what compensation you may be able to recover. Contact our lawyers at Will Ferguson & Associates as soon as possible to get started on your case.
Losing a loved one as a result of an accident is never an easy thing to deal with. Unfortunately, we see thousands of people die as a result of accidents that take place in the state of New Mexico annually. If your loved one’s death occurred as a result of the wrongful act of another person, a wrongful death claim can help you seek financial compensation for some of the losses and damages that you face. Some examples of the damages that our Albuquerque wrongful death attorneys can help you recover compensation for include:
In addition, bereaved families are also able to seek punitive damages after the loss of a loved one in a New Mexico wrongful death claim. Punitive damages are sometimes awarded as a punishment to the defendant when the negligence is found to be especially severe. It is important to note that punitive damages are not awarded in every single case. In cases where they are, claimants are required to demonstrate that the defendant’s actions were intentional or grossly negligent.
There are various factors that determine how much compensation you can recover. For this reason, we strongly recommend that surviving family members seek the assistance of a wrongful death lawyer as soon as possible.
Our dedicated New Mexico wrongful death attorneys at Will Ferguson & Associates are committed to helping our clients seek the maximum amount of compensation possible for their wrongful death claims. We will help your family pursue full compensation for all of the damages that you face. Contact our team now for a free case evaluation.
Dealing with the sudden and unexpected loss of a loved one can be incredibly difficult. Quite often, families are torn apart and unsure of what to do moving forward. If your loved one has died as a result of another person’s negligence, don’t hesitate to seek legal guidance right away.
Whether your loved one’s death occurred as a result of an auto accident, workplace accident, or another act of negligence, it is only right that your family is able to get the justice and compensation you deserve. We can help ensure that those who caused the untimely death of your loved one are held accountable. Our dedicated legal advocates at Will Ferguson & Associates will build the strongest wrongful death lawsuit for your family to ensure that you are truly able to get justice after losing a family member in a fatal accident.
For decades, we have assisted families in pursuing New Mexico wrongful death claims against reckless and negligent parties to ensure families are able to get justice for their loved ones.
We handle all wrongful death claims on a contingency fee basis, so your family never has to worry about covering any legal fees upfront for our services. Don’t put this off another day. Get the peace of mind you deserve. Contact our New Mexico wrongful death lawyers as soon as possible to schedule a free consultation to discuss your case. Give us a call and we can meet with you at your earliest convenience to get started.
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