Compassionate Albuquerque Wrongful Death Lawyer
If your family has suffered the loss of a loved one as a consequence of someone else’s negligence or misconduct your family may have a claim for wrongful death. While obtaining compensation for your loss will not bring your loved one back, seeking justice in his or her name may bring your family comfort as well as financial stability. You can trust Albuquerque wrongful death lawyer Salim Khayoumi to work tirelessly for your loved one’s memory and your family’s future.
Common causes of wrongful deaths include car and truck accidents, falls and other injuries on unsafe premises, defective products, and medical malpractice. [link to appropriate pages] Wrongful death cases are like personal injury cases in some respects. To recover compensation, a plaintiff must prove that the defendant was at fault or legally liable for the death.
Wrongful death cases are also different from personal injury cases. Only certain survivors specified by law are entitled to share in the proceeds. In addition to the usual personal injury damages that compensate the victim, damages are recoverable to compensate the survivors for their losses.
Who Can Initiate a Wrongful Death Case
A wrongful death lawsuit must be brought by the “personal representative” of the deceased. The personal representative is the person named as executor in the deceased person’s will or the person appointed by the court to be in charge of the decedent’s estate if he or she died without a will. Often, that person is the surviving spouse or other close relative, but it need not be.
Who Benefits from a Wrongful Death Action
The individuals who may be entitled to compensation from a wrongful death action include: the decedent’s spouse, children, grandchildren, parents, and siblings. The New Mexico Wrongful Death Act provides that the proceeds from a wrongful death case are to be distributed as follows:
- The entire amount to the surviving spouse if the decedent left a spouse, but no children; or
- One-half to the surviving spouse and one-half to the decedent’s children (and grandchildren when the parent who was the decedent’s child is deceased); or
- To the decedent’s children (and grandchildren when the parent who was the decedent’s child is deceased) if the decedent left no spouse; or
- To the decedent’s parents or surviving parent if the decedent is an unmarried minor without children; or
- To the decedent’s siblings if the decedent left none of the above relatives; or
- If the decedent left no siblings or any of the above-mentioned relatives, to those would be entitled to the proceeds if the decedent had left them as part of his or her estate.
What Compensation Is Available to the Family for a Wrongful Death
Wrongful death damages typically include:
Compensation that the deceased would have been entitled to had he or she survived.
- The decedent’s medical expenses arising from the incident.
- The decedent’s lost wages from the time of the incident until the time of death.
- The decedent’s pain and suffering from the time of the incident until the time of death.
Compensation to the survivors for their losses.
- The decedent’s funeral expenses.
- Lost financial support that the decedent would have provided for dependants. This can be a very significant figure if the decedent was relatively young and left small children or a dependent spouse.
- Loss of household services that would have been provided by the decedent.
- Loss of consortium. These are damages payable to a spouse, child, or parent to compensate for loss of love, companionship, emotional support, and guidance.
Whether your loved one perished due to a motor vehicle accident, or some other situation where someone acted negligently, the process of seeking compensation from the responsible parties can quickly become complicated. Insurance companies do not want to admit that their insured may be at fault. An economic expert will be likely needed to compute the damages for lost financial support. Evidence of the closeness of your relationship to the decedent and the emotional impact of the death on you and family members will be necessary for loss of consortium damages. You and your family will need an experienced wrongful death attorney in Albuquerque to protect you from bearing the costs of a wrongful death.
Get Help from a Caring Albuquerque Wrongful Death Attorney
Let Albuquerque wrongful death lawyer Salim Khayoumi safeguard your family’s rights during this time of grief and trauma. The Khayoumi Law Firm will shoulder the burden of keeping up with filing deadlines, tracking down medical records, gathering evidence, and seeking justice, while you and your family care for each other. Call the Khayoumi Law Firm at (505) 333-8613 to schedule a free consultation.