Albuquerque Wrongful Death Lawyer

Albuquerque Wrongful Death Attorney

Losing a loved one is painful enough without the knowledge that their death might have been preventable. If you’ve lost someone, money might be the last thing on your mind because no amount could possibly make up for their death, but you might be eligible for compensation if their death was wrongful. While it won’t replace your grief, it might help you cope with the financial and emotional turmoil. Contact an Albuquerque wrongful death lawyer for help.

A wrongful death lawyer can discuss your options with you and provide legal advice that might steer you in the right direction.

King Law Firm Is Experienced in Wrongful Death

According to the CDC, approximately 222,698 people died due to accidents in 2023. A wrongful death claim allows surviving loved ones to seek compensation for a wrongful death. With two decades of experience, Ian Fitzgerald King and his team are available to help you through this trying time. We have worked with multiple clients who have experienced loss due to wrongful deaths. We understand how the law works and can help you build a case.

Our lawyers can sit with you during this difficult time, listen with compassion, investigate the event thoroughly, and move in the direction that could lead to compensation for your loss.

Proving Wrongful Death in New Mexico

The loss of a loved one through negligence or someone’s misconduct can be devastating. Albuquerque wrongful death laws are here to help you seek justice. If the death occurred as a result of someone else’s wrongful act, negligence, or default, then the affected party might be able to seek damages. If the deceased had survived and could have sought a personal injury case against the other party, then it’s likely that their surviving family can seek that after their death.

To prove liability, wrongful death cases must prove the following:

• The defendant was responsible for exercising reasonable care to prevent harm, otherwise known as duty of care.
• The defendant breached that duty of care by acting recklessly, negligently, or intentionally to harm the other person.
• The defendant’s actions caused the wrongful death.
• There were damages as a result of the wrongful death, such as funeral costs, medical bills, and emotional distress.

If all four elements can be proven, then the wrongful death case may be solid. Possible evidence might include witness testimony, police reports, medical records, and expert testimony, along with possible photographic or video evidence.

The burden of proof is on the plaintiff in this case, so it’s important to work with a wrongful death lawyer who understands how to investigate and work with evidence in this type of case.

Compensation You Might Receive for a Wrongful Death

The damages you might recover depend on many factors, including the circumstances surrounding the death, the age of the deceased, and their income. Some compensation you might receive could be:

• Funeral and burial expenses
• The victim’s medical expenses
• Loss of income and financial support
• Pain and suffering

Hire a Wrongful Death Lawyer

Because the laws surrounding wrongful death in Albuquerque can be complex, those without legal knowledge of wrongful deaths might struggle to navigate the legal system. An experienced wrongful death lawyer understands how to build a strong wrongful death case, can work with eyewitness and expert testimonies, and is skilled at presenting compelling arguments against the defendants.

If your case goes to trial at the Bernalillo County Metropolitan Court on Lomas Boulevard, an Albuquerque wrongful death lawyer can harness their resources on your behalf. They can work hard to make sure your case is solid and receives the attention it deserves.

FAQs

Q: What Are the Odds of Winning a Wrongful Death Case?

A: The odds of winning a wrongful death case depend entirely on the case itself and the experience of your attorney. A study found that 80-90% of cases involving medical malpractice were dropped without any payout. If the fault of the defendant can be clearly established, then it’s likely that the case can be won.

Factors that affect a successful outcome are multi-faceted. Fault must be established through strong evidence, proof of the defendant’s liability, seeking realistic damages, and the jurisdiction of the case.

Q: What Evidence Should Be Admitted in a Wrongful Death Case?

A: Evidence that should be admitted in a wrongful death case includes official documents, medical records, witness testimony, and financial documents. To prove liability, the death must be proven to be a result of negligence, carelessness, or was intentional. You must prove that the defendant had a legal duty to care for the individual, that they breached that duty, that their actions caused the individual’s death, and that the death resulted in damages.

Q: Who Can File a Claim for a Wrongful Death in New Mexico?

A: New Mexico law designates specifically who can file a claim for a wrongful death case. Some states allow for immediate family members to seek damages, but in New Mexico, it must be a representative of the deceased’s estate. If there isn’t one, then the court will appoint someone. They will act on behalf of the beneficiaries and are responsible for adhering to a fiduciary duty to the estate and the surviving family members.

Q: What Is the Difference Between Negligence and Wrongful Death?

A: Wrongful death cases can involve negligence. It is the most common basis for a wrongful death claim. For example, if a driver violates traffic laws and the result is a fatal car accident, then they might be responsible for negligence. Negligence isn’t the only way to pursue a wrongful death claim. In general, if the person had lived and would have been able to proceed with a personal injury claim, then the claim can move forward.

Contact King Law Firm Today

To pursue this type of case, it is crucial to have the support and assistance of a knowledgeable and experienced wrongful death lawyer. We’ve received top rankings for personal injury from the Albuquerque Journal and value high-quality and reliable work for our clients. With years of experience, you’ll be in good hands here.

If you’ve lost a loved one due to negligence or someone’s misconduct, you have options, and we’re here to help you understand them. Hire a wrongful death lawyer from King Law Firm so that you can move through this difficult time with guidance and support. Contact our office today to schedule a consultation.