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Wrongful death cases are tragedies. In the haze of shock, grief, and other emotions, it can be difficult to know what to do and to understand what your legal options are moving forward.
If you are dealing with a wrongful death case, it’s important to know the facts. Read on to learn the common types of wrongful death cases, how long you have to file a claim, and how a New Mexico wrongful death attorney can help you.
In New Mexico, there are many causes of wrongful death. From vehicle collisions to medical malpractice, these causes all involve one thing: negligence and breach of duty of care.
Car accidents are among some of the most common causes of wrongful death. Although New Mexico experienced a 13% decrease in car accident fatalities compared to 2022, in 2023 there were still 407 deaths attributed to traffic accidents. Instances like these can count as wrongful death cases if the other party was negligent and that negligence caused the crash. Things like distracted driving or driving under the influence both count as negligence.
Similar to car accidents, trucking accidents can be fatal. This is especially true because trucks are larger. Because of their mass, they carry more force when they crash, and the results can be deadly. In 2023, almost 182,000 trucks were involved in crashes. Of these, 5,000 caused death.
Motorcycle accidents can be deadlier than car accidents because of motorcyclists’ vulnerability compared to drivers who are protected and enclosed in vehicles like cars, vans, or trucks. Speeding, road rage, reckless driving, and driving under the influence all can contribute to motorcycle fatalities, even if the motorcycle driver is wearing a helmet.
Vehicle collisions involving pedestrians tend to cause more harm, and even death, than collisions involving two vehicles. This is because the speed and force of a moving car when it hits an unprotected and unaware pedestrian, can cause severe injury. The higher the speed of the car, the more likely a death is. However, even a car driving at 23 mph can cause death.
Medical malpractice is shocking. After all, you trust that doctors and medical institutions will take care of you when you need it; that is their sole job. Unfortunately, medical malpractice cases still occur and can result in death—even the most highly skilled nurses and doctors can still make errors. Negligence and accidents can lead to medical malpractice.
Here are some common medical malpractice categories:
Accidents at work can cause fatalities, especially when OSHA standards are not adhered to. These are some of the more frequent work accidents that may result in the death of an employee:
Construction and manual labor jobs—like agriculture, forestry, and fishing—are the industries with the most accidents occurring.
The CDC states that about one out of every five dog bites require medical attention. Small children are the most vulnerable to injury. Although fatalities by dog bites are not the most common cases of wrongful death, dog attacks can still result in death.
Other wrongful death causes can be theme park accidents, criminal activities, or defective products.
Suing for wrongful death can be ambiguous. What makes a case a wrongful death case? How does one prove negligence? What is the first step in filing a wrongful death lawsuit?
Each state has different laws when it comes to wrongful death. In New Mexico, you have until three years after the date of death to file a claim. This is known as the statute of limitations law. If you have not filed before the three-year mark, you won’t be able to file any longer.
Unlike other states, where the deceased person’s surviving family members can file a lawsuit, in New Mexico, a wrongful death claim needs to be filed by the personal representative. This is usually a person who has been named in the deceased’s estate plan. If the mentioned personal representative refuses or cannot file, then the court usually appoints someone to serve.
The benefits of hiring a wrongful death lawyer are many. Dealing with a wrongful death is already stressful and tragic—let an experienced team of attorneys handle all the complexities and legalities of it, while you focus on recovery and healing. You’ll have a better chance of winning with a wrongful death lawyer on your side.
A wrongful death lawyer will fight for you so you can get the maximum compensation amount and the justice you deserve. At Shapiro Law, we are well-equipped to go to trial if need be. Many of our clients have had positive experiences and successful cases with us. We offer the following benefits for our clients:
When it comes to hiring a wrongful death lawyer, perhaps one of the most valuable things they can do for you is help calculate economic damages and non-economic damages. Calculating these helps get you the appropriate amount of compensation for your wrongful death lawsuit.
Economic damages refer to the tangible monetary loss as a result of a wrongful death case. This can include funeral and burial costs, medical bill costs, and lost wages.
This type of damage is harder to calculate because it refers to intangible losses, like care, affection, love, nurturing, and companionship.
Has your loved one passed away from a wrongful death? Contact Shapiro Law Team to navigate this difficult time. Our lawyers have dealt with many cases like these and are skilled in securing you the maximum compensation you deserve.
Not only are we highly skilled in litigation and fighting for you, but our team of attorneys is renowned for their compassion, quick response times, and transparency. You’ll never feel alone while we work on your case.
Contact us today for your free consultation and to get started on your wrongful death negligence lawsuit.
