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How do you know if you have a wrongful death claim?

On Behalf of | Oct 3, 2019 | Wrongful Death

The loss of a loved one can devastate a New Mexico family in many ways. You may be left grieving your family member but also dealing with expenses that can continue to impact you for years to come. If your loved one died as a result of the actions of another person, it is possible that you could have grounds for a wrongful death claim. 

Simply because someone you love passed away does not necessarily mean that you have a claim. However, it is always worthwhile to explore your legal options and determine whether you have grounds to move forward with a wrongful death claim. If you do not, it may still be possible to recoup some of your losses and secure damages for pain and suffering.

What should you do?

The aftermath of a family death can be overwhelming, and it likely caught you completely off guard. You may not be sure of what you should do next or how you can ever pick up the pieces and move forward. As you consider whether you should take legal action, it may help to understand the elements of a wrongful death claim. They include:

  • There was the death of a person in your family.
  • This death was the result of the negligence or reckless actions of another person.
  • Your family is suffering financially as a result of the death.

Before you can move forward with a wrongful death claim, your family will have to appoint one person to act as representative of the estate. Once this has happened and you have evidence of the above elements, you may then move forward with the civil claims process. 

A wrongful death claim can arise out of various circumstances, but often they do after car accidents, medical malpractice incidents, criminal activity and more. Your family may want to seek an evaluation of your case to determine how you should move forward. 

Damages for your family

The amount that your family may be able to claim through a wrongful death claim depends on the details of your individual situation. It could be possible to recoup compensation for emergency medical bills, funeral costs, loss of income and more. The civil claims process can be complex, but you do not have to navigate it alone. Working with an experienced attorney during this process can prove beneficial and give you a higher chance of success.


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