Wrongful Death Lawyer in Las Cruces

Seeking Justice For Your Loved One

The unexpected loss of a family member can be unbearably painful, but it can be made even more difficult if their death is the result of someone else’s negligence. If your family member’s death was caused by another person’s reckless or careless conduct, you might be able to file a wrongful death lawsuit. However, you need to speak with a Las Cruces wrongful death lawyer as soon as possible to determine if you have a valid claim.

Our wrongful death lawyers at the Aranda Law Firm can help you obtain the compensation you deserve after the sudden loss of your loved one. While no amount of money can ever fully compensate you for the unimaginable loss, a wrongful death lawsuit can help alleviate any financial hardship created by their death.

If your loved one lost their life in an accident caused by another person, contact the Aranda Law Firm at (575) 386-5100 to schedule a FREE consultation.

Common Types of Wrongful Death Cases

If another person’s wrongful act or omission causes the death of your loved one, you might be entitled to compensation. In order to obtain compensation, a personal representative must file a wrongful death claim on your behalf.

Common types of wrongful death cases:

Car accidents
Truck accidents
Drunk driving accidents
Dog attacks
Slip and fall accidents

The State of New Mexico limits who can recover in a wrongful death claim. It is important to understand that the state’s Wrongful Death Act is complicated and should be handled by an experienced Las Cruces wrongful death lawyer.

Recovering Under New Mexico’s Wrongful Death Act

New Mexico’s Wrongful Death Act is codified by statute. It requires that a personal representative bring a claim. In order to be eligible, the person’s death must have been caused by the “wrongful act, neglect or default of another.” A personal representative may only bring the claim to distribute any financial recovery as allowed by state law.

New Mexico requires that compensation from a wrongful death claim be distributed as follows:

To the surviving spouse if there are no children;
Half to the surviving spouse and half to the children or grandchildren if there is a surviving spouse and children or grandchildren;
To the children or grandchildren if there is no surviving spouse;
To the parents if the decedent was an unmarried, childless minor;
To the siblings if there is no surviving spouse, child, or parent; or
In accordance with the laws of the state, if there are no survivors as described above.

Because families are rarely cut and dry, understanding how compensation from a wrongful death lawsuit will be distributed can be complicated. It is strongly recommended that you speak with a wrongful death lawyer in Las Cruces about your rights if your loved one was killed.

Damages in a Wrongful Death Case in Las Cruces

Damages in a wrongful death case may include compensation for both economic and non-economic damages. It is essential to document any losses related to your loved one’s death to ensure you receive the financial recovery you deserve with the help of an El Paso wrongful death lawyer.

You may be entitled to compensation for your loved one’s:

Funeral expenses
Medical bills
Loss of financial support
Loss of inheritance
Lost wages

You may also be entitled to compensation for your emotional distress, loss of companionship, and loss of consortium. These non-economic damages are often more difficult to calculate. Understanding your rights is often key to ensuring that you receive the maximum compensation in your loved one’s case.

Proving Liability in a Wrongful Death Case

In order to obtain compensation in a wrongful death claim, you need to prove liability or that another party was legally responsible for your loved one’s death.

Most wrongful death cases are based on negligence. This means that you must prove the defendant owed your loved one a duty of care and breached that duty. The breach must have caused the injuries that resulted in the death of your family member.

Proving liability in a wrongful death case is not always straightforward. It can be challenging to prove legal responsibility without the help of a knowledgeable wrongful death lawyer in Las Cruces. Common examples of negligence include driving under the influence, failing to properly secure a dangerous dog, or texting while driving.

When to Hire a Wrongful Death Lawyer

It is in your best interest to hire a wrongful death attorney as early in the process as possible. The sudden loss of a family member is never easy. You should not have to go through this alone. A wrongful death lawyer can advocate on your behalf, ensuring that you receive the compensation you need to cover any losses related to your loved one’s death.

Wrongful Death Frequently Asked Questions

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

Under New Mexico state law, you have three years from the date of the decedent’s death to file a claim based on wrongful death. Failure to file a wrongful death lawsuit within the statute of limitations can result in your claim being denied. A wrongful death lawyer in Las Cruces can help ensure that your claim is filed timely and in accordance with all legal requirements.

While there are limited exceptions to the statute of limitations in a wrongful death case, for the most part, your claim will be denied if you file after the deadline. It is essential to move quickly after the death of a loved one caused by another person’s negligence.

Do I Need a Wrongful Death Lawyer?

While it is not legally required for you to retain legal counsel after the death of your loved one, it may be in your best interest. If another person caused your family member’s untimely death, you deserve answers. They must be held accountable, and you should be compensated for your losses. Hiring a Las Cruces wrongful death lawyer can help make sure that you do not settle your claim for less than it is worth and that all responsible parties are held liable.

When Will My Case Resolve?

It can be difficult to tell how long your case will take to resolve. Wrongful death claims can take anywhere from a few months to a year or more to settle. In some cases, the matter may have to be set for trial in order to obtain the best possible outcome. A wrongful death lawyer can help determine how long it will take before your claim will be finalized.

How the Aranda Law Firm Can Help

At the Aranda Law Firm, our team is well-versed in handling negotiations and litigation related to wrongful death cases. We will fight to ensure you and your family receive the money you need after the sudden death of your loved one. Our team is dedicated to ensuring that clients throughout Las Cruces maximize their damages in personal injury and wrongful death claims.

Contact the Aranda Law Firm for a Free Consultation

In the unthinkable event that you have lost your loved one in an unexpected accident, contact the Aranda Law Firm to schedule a free consultation. Contact us online or call (575) 386-5100 to speak directly with a wrongful death lawyer in Las Cruces.

Even if you are unsure of what caused your loved one’s death, you should still speak with an attorney. Depending on the circumstances of the case, you might be entitled to damages, including compensation for your emotional distress.