Losing a loved one is always a heartbreaking experience, but when that loss occurs due to someone else’s negligence or wrongful actions, the emotional toll can feel even more devastating. While nothing can truly replace the loss of a family member, seeking justice through a wrongful death lawsuit can provide some closure and financial relief.
If you’re dealing with the unexpected death of a loved one in Albuquerque and believe that someone else’s actions contributed to their passing, you may have grounds to sue for wrongful death. At Parnall & Adams Law, we are dedicated to helping families navigate the complex legal process involved in wrongful death claims. In this blog, we will explain what wrongful death is, the legal process for suing for wrongful death, and how Parnall & Adams Law can support you through this difficult time.
What is Wrongful Death?
Wrongful death refers to a death that occurs as a result of someone else’s negligence, recklessness, or intentional actions. When a person dies under these circumstances, surviving family members or other beneficiaries may file a wrongful death lawsuit to hold the responsible parties accountable and seek compensation for their loss.
Common causes of wrongful death include:
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Car accidents caused by a negligent or reckless driver
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Medical malpractice, such as a doctor’s failure to diagnose a condition or an error during surgery
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Workplace accidents caused by unsafe conditions or employer negligence
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Product defects leading to fatal injuries (e.g., dangerous drugs or faulty car parts)
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Premises liability issues, such as a fatal slip-and-fall on unsafe property
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Criminal acts, such as intentional harm leading to a person’s death (in this case, criminal charges may also apply)
When someone’s negligent actions cause a fatal injury, the surviving family members have the right to seek compensation for various damages, such as funeral expenses, medical bills, lost income, and the pain and suffering caused by the loss.
Who Can File a Wrongful Death Lawsuit?
In Albuquerque, as in many states, wrongful death claims can only be filed by certain family members or individuals with a legal interest in the deceased’s estate. These people typically include:
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Spouses of the deceased
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Children of the deceased (including minor and adult children)
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Parents of the deceased, if there are no surviving children or spouse
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Personal representatives of the deceased’s estate, if there are no surviving family members
Each state has specific guidelines on who can file a wrongful death claim, and it’s important to work with an experienced attorney to determine your eligibility.
What Damages Can You Recover in a Wrongful Death Lawsuit?
If you decide to file a wrongful death lawsuit, it’s important to understand the types of damages you may be entitled to receive. Damages in a wrongful death claim can vary depending on the specifics of the case, but typically include both economic and non-economic damages:
1. Economic Damages
These are tangible losses that have a direct financial impact. Examples include:
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Funeral and burial expenses: The cost of funeral services, caskets, cremation, and other related expenses.
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Medical expenses: The costs associated with the deceased’s final medical care, including hospital stays, surgeries, treatments, and medications.
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Lost wages: Compensation for the income the deceased would have earned if they were alive, including salary, bonuses, and benefits.
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Loss of future earnings: The potential income the deceased would have earned over their lifetime if the accident hadn’t occurred.
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Loss of services: The financial value of the deceased’s contributions to the household, such as child-rearing, homemaking, and caregiving.
2. Non-Economic Damages
These damages are more subjective and are meant to compensate for emotional and intangible losses. Examples include:
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Pain and suffering: Compensation for the emotional pain and suffering experienced by the surviving family members as a result of the loss of their loved one.
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Loss of companionship: Compensation for the loss of emotional support, companionship, and guidance the deceased provided to family members.
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Loss of consortium: In the case of spouses, compensation for the loss of the intimate relationship and companionship that the deceased provided.
3. Punitive Damages
In some cases, the court may award punitive damages, which are meant to punish the defendant for their wrongful actions and deter similar behavior in the future. These damages are typically only awarded in cases of extreme negligence or intentional misconduct.
How to Sue for Wrongful Death in Albuquerque
Filing a wrongful death lawsuit can be a complicated and emotional process. It’s important to understand the legal steps involved so you can make informed decisions during this difficult time.
Step 1: Consult a Wrongful Death Attorney
The first step in filing a wrongful death lawsuit is to consult with an experienced wrongful death attorney. At Parnall & Adams Law, our team of compassionate and skilled lawyers will listen to your case, evaluate the circumstances surrounding the death, and explain your legal options. We’ll provide the guidance you need to move forward with confidence.
Step 2: Gather Evidence
To file a successful wrongful death lawsuit, it’s essential to gather evidence that shows the defendant’s actions were the direct cause of the death. This may involve:
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Investigating the circumstances surrounding the death
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Collecting medical records and autopsy reports
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Obtaining witness statements or expert opinions
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Reviewing police reports or accident reports
Our team at Parnall & Adams Law will help gather the necessary evidence to support your case and build a strong argument for your claim.
Step 3: File the Lawsuit
Once the evidence has been gathered and your attorney has reviewed the case, the next step is to file the lawsuit. This will typically involve preparing and filing a formal complaint with the appropriate court. The complaint will outline the allegations against the defendant, the legal grounds for the claim, and the damages you are seeking.
Step 4: Negotiate a Settlement or Go to Trial
In many cases, wrongful death claims are settled out of court. Insurance companies or the responsible party may offer a settlement to avoid the lengthy trial process. However, settlements are not always fair, and it’s important to have an attorney who is willing to go to trial if necessary.
At Parnall & Adams Law, we are skilled negotiators and trial attorneys. We will fight for the best possible outcome for your family, whether that means accepting a fair settlement or taking the case to trial.
Step 5: Receive Compensation
If your case is successful, you will receive compensation for the damages you have suffered. This money can help cover funeral costs, lost income, medical bills, and other expenses resulting from the wrongful death.
Why Choose Parnall & Adams Law?
At Parnall & Adams Law, we understand that no amount of money can ever bring your loved one back, but we are committed to helping you achieve justice and find some measure of relief during this difficult time. Here’s why families in Albuquerque trust us with their wrongful death cases:
1. Experienced and Compassionate Lawyers
Our attorneys have years of experience handling wrongful death cases. We understand the emotional pain that comes with losing a loved one, and we approach each case with compassion and care. We will guide you through the legal process and fight tirelessly for your family’s rights.
2. Proven Track Record of Success
We have a proven track record of successfully handling wrongful death claims and securing substantial settlements and verdicts for our clients. We are dedicated to getting the best possible outcome for your case.
3. Personalized Attention
We provide personalized legal services to each of our clients. We take the time to listen to your story, understand your needs, and tailor our approach to your unique situation.
4. No Upfront Fees
We work on a contingency fee basis, meaning you don’t pay anything unless we win your case. This allows you to pursue justice without worrying about upfront costs.
5. Aggressive Representation
We are not afraid to fight for what you deserve. Whether through settlement negotiations or a trial, we will aggressively pursue justice on your behalf.
Contact Parnall & Adams Law Today
If you’ve lost a loved one due to someone else’s negligence, you may be entitled to compensation through a wrongful death lawsuit. At Parnall & Adams Law, we are here to help you navigate the legal process and seek the justice your family deserves. Whether your case involves medical malpractice, a fatal workplace incident, or a traffic accident, our experienced car crash attorneys are ready to stand by your side. Contact us today to schedule a free consultation and learn more about your legal options.
