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Not many experiences in life are more difficult than losing a close family member. When a loved one dies because of someone else’s negligence, it can be even harder to accept. If you’re looking to hold the at-fault party responsible for their actions, an experienced Carlsbad wrongful death attorney can help.
At Fadduol, Cluff, Hardy & Conaway, P.C., we have over 65 years of combined experience representing accident victims and their families. We help grieving family members seek justice and pursue financial compensation for their losses. For legal assistance with wrongful death in Carlsbad, NM, call 800-433-2408 or contact us online today.
What Is Wrongful Death?
The sudden death of a close family member is almost always traumatic. However, not every unexpected death counts as a wrongful death. To qualify for a wrongful death lawsuit in Carlsbad, your loved one must have died due to someone else’s negligence.
Specifically, the New Mexico wrongful death statute holds the following:
- The act, neglect, or default of another caused the death.
- If the victim had not died, they would have had the right to file a personal injury lawsuit.
Note that the death need not be accidental. If your loved one died due to the intentional act of another (such as murder or assault), you can also seek compensation from the responsible person. These civil suits are separate from any criminal charges filed (or not filed) by the police.
What Are the Elements of a Wrongful Death Claim?
Plaintiffs in personal injury lawsuits have the burden of proof to demonstrate the defendant’s fault. Specifically, successful wrongful death claims must prove the following four elements:
- Duty: The defendant owed a duty of care to your loved one.
- Breach: The defendant negligently failed to uphold their duty of care.
- Causation: This breach of duty caused your loved one’s fatal injury or illness.
- Damages: The death caused the victim’s surviving loved ones (or their estate) to suffer losses or damages.
As in all civil cases, the standard of proof used in wrongful death claims is “preponderance of the evidence.” That means the courts must believe it is more likely than not (i.e., 51% or more) that the defendant is responsible for your loved one’s wrongful death.
The skilled Carlsbad wrongful death attorneys at Fadduol, Cluff, Hardy & Conaway, P.C., can help you locate, analyze, and present clear and convincing evidence to support your claim.
Who May Be Liable in Wrongful Death Claims?
Wrongful deaths can occur just about anywhere: on highways, in hospitals, at hotels, or in the workplace. Who you can sue depends on who was at fault for the fatal incident. The following parties may be legally and financially liable for the death of your loved one:
- The at-fault driver in a car crash
- The trucking company in a commercial truck accident
- A doctor who commits medical malpractice
- The manufacturer of a defective product
- The owner of the property where an accident occurred
- An employer for an accident at work
- The owner of a dog who attacks someone
- Someone who commits a criminal act
In some cases, liability is unclear (or multiple parties may be to blame). Our Carlsbad personal injury attorneys can help you identify all the parties who may be potentially liable for your loved one’s death.
What Compensation Can I Seek for Wrongful Death?
In addition to the emotional challenges, losing a loved one often brings practical and financial consequences. A lawsuit enables the family to pursue wrongful death damages — the legal term for compensation for losses associated with your loved one’s death.
Specifically, your Carlsbad wrongful death attorney can help you seek the following:
Economic Damages
Economic damages are the monetary consequences directly related to your loved one’s passing. Their amounts can be calculated with receipts, pay stubs, tax returns, and other financial documentation. Economic damages include the following:
- Medical expenses related to your loved one’s last illness or injury
- Funeral and burial costs for your loved one
- Loss of income and benefits your family member provided
- Lost inheritance or savings from your loved one
Non-Economic Damages
Non-economic damages are designed to compensate victims for their emotional, mental, and other subjective losses, such as the following:
- Your loved one’s pain and suffering before they died
- Emotional distress caused by the death of a spouse, child, or parent
- Loss of the family member’s guidance, love, companionship, and counseling
Although they represent the more painful aspects of losing a loved one, non-economic damages are notoriously hard to quantify. Unlike economic damages, no receipt or invoice can show how much your family member meant to you. The Carlsbad wrongful death attorneys at Fadduol, Cluff, Hardy & Conaway, P.C., have years of experience helping clients quantify and seek compensation for their devastating losses.
Punitive Damages
In limited cases, courts may award punitive damages in wrongful death lawsuits. These are penalties for intentional, fraudulent, or grossly negligent actions designed to discourage such behavior in the future.
Who Can Bring a Wrongful Death Lawsuit?
Losing a close friend or any cherished relative prematurely can be painful. However, not everyone can file a claim for someone else’s wrongful death. In New Mexico, only the personal representative (or “executor”) of the deceased person’s estate can bring a wrongful death lawsuit.
If your loved one had a will, that document typically names a personal representative. If not (or if that person cannot or will not serve), the court will appoint someone else to administer the estate. Even though only personal representatives can file wrongful death claims, the estate will distribute any compensation to surviving family members (such as the spouse, children, or grandchildren).
How Long Do I Have To File for Wrongful Death?
The statute of limitations is the amount of time you have to file a legal claim. In New Mexico, the statute of limitations for wrongful death is three years. If you do not file your case before then, you will typically lose the right to seek wrongful death compensation.
However, you shouldn’t wait that long to start your case. Over time, witnesses may forget what they saw, surveillance footage may be deleted, and other crucial evidence can disappear. The sooner you contact a Carlsbad personal injury lawyer, the sooner they can start investigating your claim.
How Can a Carlsbad Wrongful Death Attorney Help Me?
While any legal action can be challenging, the stakes are particularly high with wrongful death lawsuits. A knowledgeable Carlsbad fatal accident attorney can make all the difference.
At Fadduol, Cluff, Hardy & Conaway, P.C., our dedicated legal team will help you do the following:
- Investigate your loved one’s death
- Collect evidence to establish liability
- File legal paperwork properly and on time
- Aggressively negotiate with insurance companies
- Seek maximum compensation for your loss
- Represent you in court if your case goes to trial
- Answer your questions and protect your rights throughout the process
Consult Our Carlsbad Wrongful Death Lawyers Today
At Fadduol, Cluff, Hardy & Conaway, P.C., we are passionate about helping the loved ones of wrongful death victims. Although a lawsuit won’t bring your loved one back, the legal process offers surviving family members a chance at justice.
Call us today at 800-433-2408 to schedule a consultation with an experienced Carlsbad wrongful death attorney.