Wrongful Death: Crime-Related Deaths and Your Rights.
If you are seeking advice regarding a crime related death in the state of New Mexico, please do not hesitate to seek advice from an experienced crime victim attorney.
A Victim of a Violent Crime, in Criminal Law, Is Identified as a Person Who Is Physically Harmed Directly by a Perpetrator.
In the case of white collar crimes, there may not be a clear, direct link. Whether you have been victimized by aggravated assault or battery, murder, voluntary or involuntary manslaughter, abandonment or abuse of a child, stalking or kidnapping, victims of crimes, not only include the victim but the victim’s family and dependents, including deceased victims as well as any individual who assume funeral or medical expenses.
The effects are numerous and detrimental. A large aspect of the consequences of crimes can be emotional distress, including psychological problems, such as fear, anxiety, self-blame, anger, and shame. All of these conditions are associated with chronic post-traumatic stress disorder (PTSD).
You Can File A Civil Lawsuit
Regardless of the outcome of the criminal prosecution, crime victims can file a civil lawsuit against the offender. In the cases of reparation for a crime victim, New Mexico law awards from $20,000 to $50,000 for purposes of medical and dental care, mental health counseling, loss of earnings resulting from the crime, funeral or burial expenses, or other medically necessary devices. Awards are not made for property loss, pain and suffering or attorney’s fees.
The civil justice system determines whether an offender or third party is liable for the injuries sustained, resulting from a crime. If the defendant is found liable, the courts may order them to pay monetary damages to the crime victim. Although monetary compensation will never fully make up for the loss of a loved one or the trauma of victimization, it can be a valuable resource to help in rebuilding life again, after such a devastation.
When Selecting an Attorney to Represent A Crime Victim:
When selecting an attorney to help with your case, it is important to work with someone whom you feel comfortable and can be sensitive to the details of your case. The emotional aspect of a crime victim is a large part of dealing with this type of traumatic event.
Communicate with your legal counsel about any questions, concerns, and expectations. It is your consumer right to work with a crime victim attorney who is understanding, respectful and responsive to your needs.
Attorneys have the right to expect their clients to be honest and willing to participate in building a case. The cooperation on both sides is what is important in order to work together for the mutual benefit of both parties.
Crime victim attorneys, like Ben Davis, work on a contingency fee basis, therefore, the a fee is only paid if the victim is awarded a monetary compensation.The attorney receives a predetermined percentage of the total compensation from the case, which will be set in the retainer agreement, upon hiring the attorney.
Prior to meeting with a crime victim attorney, it is important to gather all of the information about the criminal event, including date and time of criminal occurrence, location, addresses, description of premises, identification of known physical evidence and eyewitnesses.
In addition, if a police report was filed, make sure you have the complaint number, the police department location where the report was filed, and the detective assigned to the case.
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