Wrongful Death Attorney
The Davis Kelin Law Firm handles wrongful death cases in New Mexico. A wrongful death lawsuit is a civil action in which damages are sought against a defendant, whether a person, corporation or government entity, for causing a death.
Losing a loved one is pure devastation and no amount of money in a settlement can bring that person back. Yet when a family member is killed by negligence of another person, the parents, spouse and children often want to see accountability for the responsible party. In New Mexico, such a claim can be brought under New Mexico’s Wrongful Death Act, generally within three years of the date of death. Such suits in New Mexico are brought by a Personal Representative, appointed for the specific purpose of bringing such an action and both compensatory and punitive damages, including:
1. The reasonable expenses of necessary medical care and treatment and
funeral and burial;
2. The pain and suffering experienced by (name of decedent)
between the time of injury and death;
3. The lost earnings, the lost earning capacity and the value of the lost
household services of (name of decedent) considering
(name of decedent) age, earning capacity, health, habits, and life
expectancy. In considering loss of earnings or earning capacity, deductions
must be made for income taxes, social security taxes, other taxes, and
personal living expenses of (name of decedent) The damages set
forth in this paragraph are damages for future loss of money and are paid in a
lump sum. Therefore, a reasonable discount must be made for the future earning
power of the damages awarded;
4. The value of the (name of decedent) life apart from
(name of decedent) earning capacity
5. The mitigating or aggravating circumstances attending the wrongful act,
neglect or default;
7. The loss of guidance and counselling to the (name of
decedent) minor children.
8. You may also consider the loss to the beneficiaries of other expected
benefits that have a monetary value. While the presence or absence of a
measurable monetary loss to beneficiaries is a factor for consideration,
damages may be awarded even where monetary loss to the surviving beneficiaries
cannot be shown.
Individual family members, such as spouses, parents of minor children, minor children and adult dependent children, may also have individual claims for the loss of the relationship.
Your family may be entitled to financial compensation after a wrongful death incident.
Wrongful deaths occur in emergency rooms, hospitals, nursing homes, on the highways, and as the result of misconduct by law enforcement, and many other places or as the result of dangerous products.
In hospitals, wrongful deaths often occur as a result of surgeries gone wrong, drug errors, negligence in the emergency room, misdiagnosis, or discharging a patient too early from the hospital.
On the highway, deaths occur as the result of drunk or careless drivers, commercial semi-truck drivers not following trucking regulations, and many other reasons.
Automobile manufactures, drug companies, medical device companies may end up selling defective products which result in those companies being held responsible for the death.
The Davis Kelin Law Firm will help you fight the negligence that resulted in a death to your loved one. We want you to get the justice you and your family deserve. If you have a wrongful death case reach out to our office at (505) 242-7200. We take cases in New Mexico whether you are in Albuquerque, Santa Fe, Rio Rancho, Las Cruces or elsewhere in New Mexico. Take heart in knowing we want the best outcomes for you and your family and we will fight for your family’s rights.