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When someone dies as a result of the negligence of another person, family members are left grieving over the loss of their loved one. At such a difficult time, the emotions can be overwhelming, but knowing that there is some relief available can be helpful. If you need help, contact us today to schedule a free consultation with our Las Cruces wrongful death lawyers.
In New Mexico, the personal representative of the deceased person’s estate is responsible for bringing a wrongful death claim. The personal representative is usually named in the victim’s will, but if one wasn’t specified, the court will appoint a personal representative. This individual will file the wrongful death claim and then disburse any compensation to the victim’s family members as specified by state law.
Wrongful death claims can arise in a variety of different contexts, including, but not limited, to the following:
Wrongful death claims in prisons and jails can arise when a prisoner dies as a result of negligence, medical malpractice, or mistreatment by prison staff. These claims can be brought against the prison or jail, as well as against individual staff members who may be responsible for the death. Examples of cases that may give rise to a wrongful death claim in a prison setting include:
Wrongful death claims in nursing homes can arise when a resident dies because of neglect or abuse by nursing home staff. These claims can be brought against the nursing home, as well as against individual staff members who may be responsible for the death. Examples of situations that may lead to a wrongful death claim in a nursing home include:
Other common examples include wrongful deaths that occur as a result of car accidents, workplace incidents, medical malpractice, defective products, and violent crimes.
To succeed in a wrongful death claim based on negligence, the following elements must be proven:
The first element of any wrongful death case is demonstrating that the defendant owed the decedent a legal duty of care. This means that the defendant had some kind of responsibility or obligation toward the decedent before their passing.
This could be a doctor-patient relationship or something as simple as someone being required to drive safely on public roads.
The second element is proving that the defendant failed to meet their legal duty by acting negligently. This means that they did not act according to law or with reasonable care and caution. This can include failing to follow safety protocols at work, providing inadequate medical care, texting while driving, or any other negligent action that causes the death of another person.
The third element is causation. You must prove that it was the defendant’s breach of their legal duty which caused the victim’s death. Without this link between the breach and cause of death, you will not have a viable wrongful death claim.
Finally, you must demonstrate that damages were sustained by either yourself or your family members due to the loss of your loved one. These damages could be financial in nature such as lost wages/income or emotional such as pain and suffering.
If you or a loved one has been affected by a wrongful death, it’s important to consider hiring an experienced Santa Fe wrongful death attorney to handle your claim. There are several reasons you should hire the Davis Kelin Law Firm for your wrongful death claim, including:
If you or a loved one has been affected by a wrongful death, it’s important to take action. Contact our attorneys today to schedule a free consultation.
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