Santa Fe Wrongful Death Attorney 

Frequently Asked Questions

What Constitutes a Wrongful Death?

In Santa Fe, a wrongful death is defined as a death resulting from the negligence or misconduct of another person or entity. This may include medical malpractice, car accidents, or defective products. Understanding the specifics of your case is critical, and our knowledgeable attorneys can assess whether you have a viable wrongful death claim.

Determining wrongful death goes beyond establishing negligence; it includes gathering evidence, interviewing witnesses, and compiling a compelling narrative demonstrating the defendant's liable actions.

Who Can File a Wrongful Death Lawsuit in New Mexico?

According to New Mexico law, the personal representative of the deceased person's estate is the only one who can file a wrongful death lawsuit. This person is usually named in the deceased’s will or appointed by the court. We can help you understand this process and ensure the correct party files the claim.

This representative acts on behalf of all statutory beneficiaries, collecting any awarded damages. It's our role to make this process as seamless as possible, handling legal formalities so that families can direct their energies towards healing and remembrance.

What Damages Are Recoverable in a Wrongful Death Case?

Recoverable damages in a Santa Fe wrongful death case can include compensation for funeral and burial expenses, medical bills incurred before death, loss of earnings, and loss of consortium or companionship.

Each of these damages has its legal definition and required proof. For instance, the loss of consortium hinges upon demonstrating how the death has disrupted the family's relational dynamics. 

How Long Do I Have to File a Wrongful Death Claim?

In New Mexico, the statute of limitations for wrongful death claims is generally three years from the date of the death. Taking legal action within this timeframe is essential to preserve your rights.  Missing this deadline can result in forfeiting your right to pursue compensation, so it's imperative to act swiftly. 

How Are Wrongful Death Settlements Distributed in New Mexico?

Settlement distributions in New Mexico are typically made to the surviving beneficiaries, who may include the deceased's spouse, children, or parents. The distribution specifics can be complex, and our attorneys will help ensure the settlement process is handled appropriately and equitably.

Understanding equitable distribution requires insight into not just legal statutes but also the familial relations involved. Mediation might be necessary to resolve disputes, and our negotiation skills are invaluable in reaching agreeable resolutions for all parties involved.