When can you file a wrongful death claim?

The death of a loved one under any circumstance is never easy. This loss becomes more complicated when you learn that your loved one’s death is attributable to someone’s wrongful actions.

If you lose a loved one following another person or entity’s wrongful actions, you may be eligible for compensation through a wrongful death claim. To do so, however, you need to start off by demonstrating that your loved one’s death was wrongful.

So when is death deemed wrongful?

Under New Mexico statute, death is treated as wrongful when it is caused by another party’s negligent or reckless conduct. In other words, if your loved one would have survived the incident that lead to their demise, they would have filed a personal injury claim. Examples of incidents that can lead to wrongful death include:

  • Medical malpractice
  • A car accident
  • Slip-and-fall accident
  • Use of defective products

So how do you prove a wrongful death claim?

Unfortunately, providing a copy of the death certificate following a loved one’s preventable death may not be enough to support a wrongful death claim. You need to provide more evidence to hold the other party accountable.

To claim a wrongful death claim, you need to start off by proving that your loved one died. In other words, you need to link your loved one’s death to the defendant’s wrongful actions. Perhaps they were driving while drunk or failed to administer proper treatment leading to your loved one’s demise. Next, you need to demonstrate that you suffered specific economic and non-economic damages following your loved one’s death. This will inform the amount of money the court will award as damages should it rule in your favor.

Suing for wrongful death

If you have lost a loved one through wrongful death, you need to pursue the liable party for the resulting economic and non-economic damages. Find out how you can safeguard your rights and interests while recovering the damages you are entitled to following a loved one’s wrongful death.

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