Pedestrian Accident Attorneys: Wrongful Death Claim in Las Cruces
Both New Mexico and Texas have some of the highest pedestrian fatality rates in the country. Many conditions contribute to such accidents, such as environmental factors, safety hazards, and negligence. Pedestrian injury and wrongful death cases are typically initiated by surviving members of the family, such as the spouse, parents, or children of the deceased. Las Cruces residents shouldn’t have to worry about their safety when they are taking a walk down the street. Unfortunately, wrongful pedestrian fatalities are on the rise everywhere in the United States. If your loved one has passed due to someone else’s negligence, consider filing a wrongful death lawsuit. New Mexico pedestrian accident attorneys at the offices of Carabin Shaw want to help you win your case so you earn the financial compensation you deserve.Common Causes of Pedestrian Fatalities
Pedestrian fatalities are commonly caused by the following:
- Lack of street lighting: Running or walking at night can prove to be dangerous due to the lack of lighting. If you are active during the night, then consider wearing bright or reflective clothing
- Impaired Driving: Many cases involving fatalities included the use of drugs or alcohol. Do not drive if you are inebriated.
- Distracted Driving: Distracted driving comes in many forms, but smartphone use is a leading cause of distracted driving. Avoid looking at your phone, or turn notifications off while driving.
The way you drive can seriously injure or kill someone. As a result, it is incredibly important to drive while sober and in a clear mindset. And if you enjoy walking, running, or biking, consider utilizing safety precautions, such as lights or reflective clothing, to help notify drivers of your presence. If you or a loved one has been involved in a pedestrian accident, then it is beneficial to discuss your legal options with a lawyer.Filing a Wrongful Death Claim
A wrongful death claim in Las Cruces must be filed with an attorney. A wrongful death is considered to be a fatality caused by, “a wrongful act, neglect, carelessness, unskillfulness, or default.”
Different states have differing laws regarding which relatives can sue on behalf of the deceased. In Texas, the spouse, child, or parent, can sue. A sibling generally cannot sue. The statute of limitations, or time limit for when you can sue, is three months from the date of the death. Las Cruces personal injury lawyers recommend speaking to an attorney as soon as possible.What Damages You Can Sue For After a Wrongful Death
You can claim the following for wrongful death damages (New Mexico):
- Pre-death pain and suffering for the deceased
- Medical costs incurred as a result from various injuries
- Funeral and Burial costs
- Loss of the deceased’s expected income
- Loss of inheritance
- Loss of care and guidance the deceased would have provided
- Emotional damage
You can sue for both physical and emotional damage in wrongful death cases. If you are interested in filing a lawsuit, then you need to speak to a lawyer. A Las Cruces wrongful death attorney will be able to help you organize all the necessary paperwork needed for filing.What To Do Next
If your loved one has passed because of the negligence of someone else, then you have the right to sue on behalf of your loved one. If you are searching for a wrongful death lawyer serving Las Cruces, New Mexico, consider working with the esteemed lawyers at Carabin Shaw. We offer all clients a free consultation with a legal representative, so you have nothing to lose by giving us a call.
Going through a wrongful death lawsuit can be painful, but if you work with us, we will make the process as smooth and convenient for you as possible. If you are in the El Paso metro area, such as Las Cruces, then call our office today at 917-779-2301 or toll free at 800-862-1260.