Proving a Wrongful Death Case in New Mexico
Losing a loved one can be emotionally and financially catastrophic. There’s family to notify and funeral arrangements to make in addition to the emotional exhaustion of grief. While you’re dealing with these difficult tasks, bills pile up, and you miss out on both your income and your loved one’s. If you’re concerned about proving a wrongful death case in New Mexico, read on to find out how a Las Cruces representative from Carabin Shaw can help.
If you are dealing with an unexpected death in the family, there’s a good chance your loved one was in an accident or died of injuries sustained because of someone else’s negligence. If this is the case, you may be able to bring a Las Cruces wrongful death claim against the person or company responsible for your family member’s death. In New Mexico, wrongful death is defined in statute as being "caused by the wrongful act, neglect, or default of another." If you believe you have a wrongful death claim, contact Las Cruces wrongful death attorneys as soon as possible.Appointing a Personal Representative
The first step a wrongful death lawyer in Las Cruces will help you accomplish is the appointment of a personal representative of the decedent. Often, this is a family member, but in certain circumstances, a third party may be an appropriate personal representative. Only a personal representative can file a wrongful death claim, and you’ll want to be ready to meet the deadlines applicable to your case. Some deadlines concerning a wrongful death case approach quickly, especially if a governmental entity is involved, and if you miss a deadline, you won’t be able to pursue your claim.Proving Wrongful Death
You will need access to many different documents to prove your Las Cruces wrongful death claim. Many of these documents are subject to privacy laws and can only be obtained by the decedent’s representative. Some records you’ll need to aid in proving your claim include:
- Incident reports from the decedent’s employer if the death occurred on the job
- Police reports from an accident that caused death
- Medical records, if medical malpractice caused the death
- Any witness statements from relevant locations such as hospitals, nursing homes, the decedent’s place of work or the scene of the accident that caused the death
- Death certificate
- Report from the medical inspector
In addition to obtaining any necessary documents, you’ll also want to keep any bills or receipts related to the death of your loved one and provide copies to your Las Cruces wrongful death attorneys. Final medical bills, funeral expenses, psychological care for family members and any other costs you take on as a result of the wrongful death of your family member may be part of the compensation your family receives in a wrongful death suit. These documents are crucial in ensuring your lawyer fights for appropriate damages in your case.Securing the Right Attorney for Your Case
Another critical part of proving your wrongful death claim is allowing a wrongful death attorney serving New Mexico to speak on your behalf with any attorneys or insurance companies or agents representing the defendant in your case. You are under no obligation to talk to any representative of the defendant without your lawyer present. In many cases, the defendant’s insurance agent or attorney will be aggressive and try to convince you to speak to them about your Las Cruces wrongful death suit. The defendant’s representatives will be relentless in pursuing you in the hopes that you will say something that will be beneficial to their case—do not fall for this tactic.
If you live in Las Cruces and have lost a loved one unexpectedly because of someone else’s wrongful act or negligence, contact the attorneys at Carabin Shaw today at 915-779-2301. They will protect your interests and help you prove your wrongful death claim.