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Las Cruces Wrongful Death

It’s always painful to lose a loved one, but the loss is especially painful in circumstances involving wrongful death. There are many different types of wrongful deaths, and several factors that determine whether or not a person’s death meets the legal definition of “wrongful death.” If you want to know what is considered a wrongful death in New Mexico, our personal injury attorneys serving Las Cruces have compiled a list of answers to a few basic questions. If you need more information or have additional questions, please call our offices as soon as possible.

Legal Definition of Wrongful Death Act (New Mexico)

According to section 41-2-1 of the most recent New Mexico Statutes, wrongful death occurs “whenever the death of a person shall be caused by the wrongful act, neglect or default of another.”

Examples of Wrongful Death Circumstances

Some examples of common wrongful death claims include:

  • Motor vehicle accidents
  • Pedestrian accidents
  • Boating accidents
  • Drowning
  • Medical malpractice
  • Workplace accidents
  • Defective products
  • Premises liability
  • Nursing home neglect / elder abuse
Wrongful Death Statute of Limitations in New Mexico

While every state has different laws governing the wrongful death statute of limitations, New Mexico law says that claims must be filed within three years of the date the death occurred. However, there are certain factors that can “toll” or pause this time frame, so even if you think it is too late to file a claim, you should consult with a wrongful death lawyer serving Las Cruces, New Mexico.

Types of Damages that May be Claimed

There are many different types of wrongful death damages. New Mexico law allows relatives of the deceased to sue for the following damages:

  • Funeral and burial expenses
  • Medical expenses related to the deceased’s injury / illness that resulted in fatality
  • Mental anguish caused by the loss
  • Loss of one’s inheritance
  • Loss of companionship
  • Loss of income contributed by the deceased
  • Pain and suffering endured by the deceased before their death
  • Punitive damages (sometimes awarded in the event of particularly egregious actions)
Pursuing Wrongful Death Claim Along With Criminal Charges: Is It Possible?

You may be wondering if you can file a wrongful death claim in civil court if there are criminal charges for homicide filed against the person responsible for the death – and in fact, you can. It’s worth noting that wrongful death lawsuits are distinct from any criminal charges, and that the standard of proof is lower in these civil cases than it is in criminal ones. Generally, wrongful death claims are filed after the conclusion of the criminal case.

Choosing a Las Cruces Lawyer

If you’re looking for a Las Cruces personal injury attorney to handle your wrongful death lawsuit in New Mexico, look no further than the law firm of Carabin Shaw. Our attorneys have 200 years of combined legal experience and hundreds of five-star client reviews. And our Las Cruces personal injury lawyers have been handling wrongful death cases for more than two decades, meaning that we have the necessary experience and expertise to skillfully handle your claim.

If your loved one has died wrongfully, you need a lawyer who not only professional, but compassionate as well. We believe in making the legal process as painless as possible for our clients, especially those clients who are grieving the loss of a close relative – we will handle the details of your case so you can focus on healing.

If you’re unsure of what to do, you should know that your first consultation with us is obligation free and completely free of charge – so you have nothing to lose by giving us a call. Call our Carabin Shaw Las Cruces practice today at 915-779-2301 to receive your free consultation with a knowledgeable Las Cruces wrongful death attorney. Let us help you get justice for your loved one and compensation for your loss.

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