Steps to File a Wrongful Death Claim in New Mexico
If you live in Las Cruces and you are attempting to file a wrongful death lawsuit, New Mexico lawyers can help. The family of the deceased can secure compensation for damages that have resulted from the death or homicide. After any case of wrongful death due to negligence, you may be able to seek reparations from those responsible.
Recoverable damages by the family of the deceased in a wrongful death settlement might include:
- Lost wages
- Funeral expenses
- Medical bills
- Pain and suffering
- Loss of financial support
- Loss of companionship
- Emotional harm
There are a few easy steps to file a wrongful death claim in New Mexico that you can follow which allow those left behind to secure the estate of the deceased. However, many wrongful death claims can turn into a lengthy, multi-year process, and fighting insurance companies and other third parties can be even more complicated as you cope with the untimely death of a loved one.
So follow these few steps to file a wrongful death claim in New Mexico. The process for filing a wrongful death lawsuit includes both legal proceedings as well as active mitigation by the defendant:
- Detect Presence of Negligence/Intent
If you have experienced the unexpected death of a loved one and you believe it may have been caused by someone else’s negligence or intent, it is important that you do your best to determine what actually happened, who caused the wrongful death, and how.
- Determine Culpability
Once you have collected evidence of what happened and all other proof of your damages, it will be easier for you to determine whose negligence caused the fatality. At this stage of the process, meeting with an experienced Las Cruces wrongful death attorney who knows the ins and outs of the law will be crucial.
- Hire a Lawyer
A wrongful death lawyer serving Las Cruces, New Mexico can help you with the above determination of culpability. A good attorney will also protect you from greedy insurance companies and guilty parties who may try to change the narrative or shift the blame.
- Initial Pleadings/Petition
The next step is to file a petition stating that the suspected wrongful death occurred. This is your first chance to officially declare what has happened as ‘wrongful death’ using facts and legal precedent to formulate an initial complaint.
- Gather Evidence
After you have determined that the death was in fact ‘wrongful’ – that is, caused by another person or party’s negligent or careless actions – you need to examine your case and collect information. Your attorney will likely do most of this work, but taking detailed notes can greatly help your case.
- File a Summons
A summons is a document that notifies the defendant of the presence of a lawsuit. A summons also typically specifies where the legal proceedings will be held, and when.
- ‘Service of Process’
Once a summons has been issued, a service of process is the next step. The service of process is a notification to the defendant regarding their summons, and essentially puts the defendant on ‘notice’ about the lawsuit.
Ultimately, the above steps to file a wrongful death claim in New Mexico are just the beginning of a longer process that could last years - which is why you don’t want to go it alone. If you live in Las Cruces and are seeking compensation for wrongful death damage, New Mexico attorneys from the law firm of Carabin Shaw are your best chance to obtain full compensation.
At Carabin Shaw, we believe that no one should have to deal with these circumstances alone. We can help you file a successful wrongful death claim in Las Cruces that extends to all damages you have accrued, both economic and non-economic.
Our lawyers have obtained thousands of dollars for countless clients in practice areas that extend across Texas, New Mexico, and elsewhere in the United States. So if you’re asking yourself, “How can I find the best wrongful death lawyers near me?” then look no further than the law offices of Carabin Shaw. For more information, contact us today at 915-779-2301.