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Wrongful Death FAQs
What is a wrongful death? A wrongful death is a death that is caused by the negligence or misconduct of an individual or company.
Who are to be considered the survivors of a victim of wrongful death? The survivors of a wrongful death victim may vary from state to state, but in general usually include the spouse and minor children.
What compensation can be claimed in a wrongful death case? Compensation may vary by state or jurisdiction but in general the law provides for the following:
Expenses incurred by the death of the victim (funeral, medical, etc.)
Loss of future earnings anticipated over the lifetime of the victim.
Benefits lost due to the victims death (medical insurance, pension, 401K, etc.)
Survivors pain, suffering and mental anguish caused by the victims death.
Companionship, care or protection lost to the survivors as a result of the death.
General and punitive damages.
Who can file a wrongful death claim? This depends on individual state law, but in general the immediate family members (spouses, children and parents) can file a wrongful death claim. Some states allow grandparents, legal dependants and extended family members to file.
When must a wrongful death lawsuit be filed? Every state has its own ‘statute of limitation', which is the maximum allowable time in which to file. After this time a claim may be denied. It is important that you speak with a lawyer as soon as possible to insure your rights.
Who cannot be sued? A family member cannot sue another family member for wrongful death.
If you have suffered personal injuries or emotional
distress due to the negligence of product makers in New Mexico, contact
our wrongful death lawyer now and obtain a free case evaluation.
Did You Know?
Family members can file a wrongful death suit.
This depends on individual state law, but in general the immediate family members (spouses, children and parents) can file a wrongful death claim. Some states allow grandparents, legal dependants and extended family members to file.
Newsroom
News about Wrongful Death cases in New Mexico and nationwide:
The General Duty Clause
When Congress enacted the Williams-Steiger Occupational Safety and Health Act of 1970, it intended to impose two complementary duties on an employe... Read more >
Definition:
A determination of the rights of the parties in an action or special proceeding. A judgment shall refer to and state the result of a verdict or decision, or recite the circumstances on which it is based.
Class action
Definition:
When different persons combine their lawsuits because the facts and the defendant are so similar. This is designed to save Court time and to allow one judge to hear all the cases at the same time and to make one decision binding on all parties. Class action lawsuits would typically occur after a plane or train accident where all the victims would sue the transport company together in a class action suit. Recent class actions have occurred against tobacco companies.
Comparative negligence
Definition:
A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage.
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