A death caused by a negligent, careless, intentional or reckless act of another person or corporation is considered a wrongful death. In New Mexico, as in most states, if the death of a relative or spouse was caused by the wrongful act of another, surviving family members can file a wrongful death lawsuit against the negligent party or parties.
The majority of the cases handled by Ken Wagner Law, P.A., are wrongful death cases.
A wrongful death can be caused by any of the following:
Murder or Manslaughter
Dangerous Prescription Drugs
Bicycle or Pedestrian Accident
Airplane, Boat or Train Accident
Damages in wrongful death cases are intended to compensate for losses resulting from the death of a family member. Some losses are measurable. A widow in a wrongful death suit, for example, could seek to recover the financial support that she would have received had her spouse lived. Other damages are more general in nature.
Types of recoverable damages include:
Direct Expenses: Medical bills and funeral costs.
Loss of Benefits: What the person could have received in pension/retirement benefits had they lived.
Loss of Future Earnings: What the person who died would have earned in salary if he or she had lived.
Loss of Companionship: What the person who died would have emotionally provided to a relationship and the mental pain and suffering resulting from the decedent’s death.
Punitive Damages: What amount the defendant should be punished for his or her action resulting in the victim’s death.
The circumstances, complexity, and surrounding issues of any case involving a fatality are traumatic and sad. If you believe you have a wrongful death suit, we can help you gather the evidence, complete the paperwork and build a strong suit. Our firm can give you assurance in a time of stress, sorrow and confusion.
Let us put our fifty-plus years of experience to work for you. If you have been injured or someone you love has been killed and you believe such may be an act of wrongful death, contact us for a consultation at (505) 242 - 6300 or e-mail us at email@example.com.
Consultations with our law firm are free and we take cases on a contingency fee basis. This means that we collect an attorney fee only if you recover a settlement or judgment in your lawsuit.