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Las Cruces Wrongful Death Lawyer
Las Cruces Wrongful Death Attorney
Losing a loved one is never easy, particularly if they died because of another person’s negligence or wrongdoing. In addition to your emotional loss, you’re also left to grapple with financial stress. A Las Cruces wrongful death lawyer can help you understand your legal rights while outlining your options under New Mexico’s wrongful death laws.
Compassion and competence drive our actions at Egolf + Ferlic + Martinez, LLC. Our lawyers have decades of experience helping clients across New Mexico, including Las Cruces. Our clients benefit from the personal touch of a small firm and the professional experience of a larger one.
We know that wrongful death and personal injury cases are intensely personal. We pursue justice for our clients with both strength and sensitivity. We provide unwavering dedication to our clients during complex litigation because our core mission involves protecting families and seeking justice.
Understanding Wrongful Death Laws in California
Under New Mexico law, a wrongful death occurs when one individual loses their life because of the negligence of another. If the deceased person could have made a personal injury claim against a party who caused them harm, their family can file a wrongful death claim after they die.The most frequent wrongful death events in our state stem from car and truck accidents, together with medical malpractice, work accidents, and defective products. In New Mexico, there were 178 fatal car accidents, 119 fatal heavy truck accidents, and 55 fatal motorcycle accidents in 2023.
In our state, the wrongful death statute gives surviving family members the right to recover damages through a chosen representative of the decedent’s estate. In most cases, that person will be filing the claim on behalf of surviving close relatives such as a spouse, children, or parents.
Damages You May Recover
No amount of money can fill the emotional hole left by losing a loved one. Nevertheless, wrongful death benefits can lessen the financial strain that frequently follows an unexpected death. Recoverable damages may include:
- Pre-death medical costs
- Costs of burial and funeral
- Loss of the companionship and emotional support that the departed would have offered
- Lost income and benefits
- The surviving family’s anguish and suffering
Punitive damages may also be granted by courts in situations involving careless or deliberate behavior. These are intended to dissuade an individual from repeating these behaviors later.
The Importance of Acting Quickly
Time is of the essence in wrongful death claims. In New Mexico, the statute of limitations usually allows three years from the date of death to file a wrongful death claim. Three years may seem like a long time, but evidence may be lost, and witnesses may forget important details.
Seeking advice from a wrongful death attorney as soon as possible can help preserve important information and make sure your claim is filed in time. It also gives your attorney time to investigate, secure records, and prepare the greatest case possible on your behalf.
Don’t Wait Get Justice Now
Hire a Wrongful Death Lawyer
A wrongful death claim can be a confusing, frustrating, and emotionally charged process. The wrongful death lawyer has to work with complicated laws, insurance companies, stingy insurance adjusters, and often difficult negotiations.
When you have a wrongful death lawyer in your corner, you have someone who is there to handle all of the legal aspects of your claim. You have someone who can investigate the cause of the death, establish liability, and calculate damages.
FAQs
What Is the Wrongful Death Statute in New Mexico?
In New Mexico, a wrongful death claim is covered by the New Mexico Wrongful Death Act. Under this act, an individual who is appointed by the court can bring a civil claim against the person or corporation that caused someone’s death. The aim of this type of claim is to punish wrongdoers and obtain financial compensation for the deceased person’s surviving relatives.
Who Can File a Claim for Wrongful Death in New Mexico?
In New Mexico, wrongful death claims are brought by an individual appointed by the court. The chosen individual stands in the shoes of the deceased person’s beneficiaries. Beneficiaries can include a spouse, children, parents, or other relatives named in the Wrongful Death Act. The appointed individual and the attorney work together to seek justice and fair distribution of any compensation awarded.
What Is the Wrongful Death Cap in New Mexico?
New Mexico does not have a general damages cap for wrongful death claims; however, there may be caps for claims against governmental agencies under the New Mexico Tort Claims Act. Damages in a wrongful death case may include economic and non-economic losses, such as medical bills, loss of income, and pain and suffering.
What Are the Odds of Winning a Wrongful Death Claim?
The chances of success in a wrongful death claim will vary based on the evidence, clarity of liability, and experience of your lawyer. Having a seasoned wrongful death lawyer with knowledge of state law and litigation strategy will give you the greatest odds of success. Compassion and competence are important factors in presenting a compelling case.
Las Cruces Wrongful Death Lawyer
If your loved one passed away due to the negligence or intentional actions of another person or party, Egolf + Ferlic + Martinez, LLC can help you seek justice. Contact us today to begin fighting for the compensation you deserve.
We Can Help You Obtain Justice
With our main office in Santa Fe and dedicated staff across New Mexico—including Las Cruces, Albuquerque, and Taos—we’re ready to support your case wherever you are.
123 W. San Francisco St. Floor 2
Santa Fe, NM 87501-2111
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123 W. San Francisco St. Floor 2
Santa Fe, NM 87501-2111
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