There’s nothing more devastating than losing your loved one. What makes it even worse is when their death was due to someone else’s fault. If you are certain that you lost someone due to the negligent act of another, you can file a wrongful death claim. The laws associated with a wrong death case can vary from state to state. A personal injury attorney in Belen should be able to help you out, as they have the expertise and experience in dealing with such cases in the past. Here’s what you need to know.
Definition of Wrongful Death:
The New Mexico statutes defines wrongful death as that “caused by the wrongful act, neglect, or default of another”. So, when a death is incurred due to someone’s incompetence or carelessness, it is deemed wrongful death.
Who can File a Wrongful Death Claim?
After consulting with a personal injury law firm in Belen NM, a wrongful death claim has to be filed by the heirs of the deceased person. This could be their spouse or siblings. If there’s no estate plan, the court will choose the appropriate person. Damages from the claim will benefit the immediate family members of the deceased person.
• If the deceased person has a spouse, but no siblings, all the damages will be awarded to the spouse.
• If there’s no spouse, but children and grandchildren, the damages will be split equally amongst them.
• If there’s both spouse and children/grandchildren, half of the damages will go to the spouse, and the rest goes to the children and grandchildren.
Time Limitations for Filing a Wrongful Death Claim:
The New Mexico Statutes specifies that one must file a wrongful death claim within a period of 3 years from the day of the person’s death. Any claim made after the said limit will not be entertained. To make sure you don’t miss the deadline and everything is in order, get the assistance of a professional personal injury attorney in Belen very soon.
Damages Awarded in Wrongful Death Claim:
If you have been able to present a strong case with the help of an attorney, you will likely win the case and receive damages. Specific damages are awarded to someone based on the relationship they have with the deceased person. The damages usually awarded with wrongful death claims include:
• Medical expenses incurred for the deceased person’s injuries/treatment
• Loss of inheritance
• Loss of companionship
• Financial assistance for the household of the deceased
• Mental suffering caused due to the wrongful death of a person
• Funeral expenses
Some claims also award punitive damages. It is not meant to compensate the family of the deceased person, but to punish the responsible party for their actions such as recklessness or intentional harm.
To improve the chances of winning your case, talk to the skilled car accident lawyers in Belen. They will work tirelessly with you to bring about a positive outcome.
The author is a certified personal injury attorney in Belen with over 4 years’ experience in the industry. In this write-up, he provides a detailed overview of wrongful death claims. Visit https://www.lucerolawoffice.com/ for more information.
Article source: https://article-realm.com/article/Reference-Education/Psychology/11156-A-Fundamental-Guide-to-Wrongful-Death-Claims.html
Reviews
Comments
Most Recent Articles
- May 3, 2023 Reasons to Approach Overseas Education Consultants by Nitesh Prasad
- Apr 8, 2023 Intelligence of legal person in car accident by Jerry Hopkins
- Apr 8, 2023 Legalities involved in personal injury by Jerry Hopkins
- Apr 8, 2023 Being resilient and fighting back with proper legal aid by Jerry Hopkins
- Apr 8, 2023 Understanding the legal aspects of car accidents by Jerry Hopkins
Most Viewed Articles
- 1071 hits The Battle Over Family Attorney and How to Win It by Olivia Brown
- 1019 hits Best Criminal Lawyers in Brisbane by CHRIS HANNAY
- 923 hits VW has not admitted wrongdoing or liability and it continues to resist claims for compensation by nisse lind
- 865 hits The Importance of Hiring Asset Protection Lawyer in San Diego by Matthew Odgers
- 767 hits Invaluable Tips to Remain Safe as a Pedestrian by Zane Norman
Popular Articles
In today’s competitive world, one must be knowledgeable about the latest online business that works effectively through seo services....
76492 Views
Are you caught in between seo companies introduced by a friend, researched by you, or advertised by a particular site? If that is the...
31611 Views

Walmart is being sued by a customer alleging racial discrimination. The customer who has filed a lawsuit against the retailer claims that it...
9075 Views
If you have an idea for a new product, you can start by performing a patent search. This will help you decide whether your idea could become the...
8786 Views
Statistics
Members | |
---|---|
Members: | 8802 |
Publishing | |
---|---|
Articles: | 50,405 |
Categories: | 202 |