Losing a loved one due to the negligent actions of another person or entity is a difficult experience. You and your family may suffer from significant financial and emotional consequences due to the deceased’s passing — but under New Mexico law, you can claim compensatory damages for these losses through a wrongful death lawsuit.
If you need an attorney to represent your Albuquerque wrongful death claim, look no further than Jordan, Herington & Rowley. For decades, we have secured millions of dollars in settlements for our clients, advocating aggressively for their right to compensation.
Why Choose Us?
- Our firm understands wrongful death lawsuits can be expensive, which is why we operate on a contingency fee basis. You do not pay legal fees unless we secure a settlement on your behalf.
- We believe open, honest communication is the backbone of a successful wrongful death claim. We will take the time necessary to learn your story and help you prepare for each stage of the case.
- Our attorneys have decades of experience working with wrongful death cases and have developed the skills, strategies, and connections necessary to build a compelling case in your favor.
New Mexico’s Definition of Wrongful Death
Under New Mexico Statutes section 41-2-1, the state defines wrongful death as any death that occurs due to another person or entity’s wrongful act, neglect, or default. You can pursue a wrongful death lawsuit at the same time as a criminal case against the at-fault party.
To determine if your loved one’s passing qualifies for a wrongful death lawsuit, speak to an attorney at Jordan, Herington & Rowley. Typically, you can identify a wrongful death case by asking yourself if your loved one could have filed a personal injury lawsuit over the accident if he or she survived. If the answer is yes, then your case likely qualifies for wrongful death action.
Who Can File an Albuquerque Wrongful Death Claim?
Only certain individuals may file a wrongful death claim on behalf of a deceased person. In New Mexico, the personal representative of the deceased’s estate must file the lawsuit. The deceased will usually name the personal representative in his or her estate plan.
If the deceased did not leave an estate plan, the personal representative refuses to serve, or the personal representative is not available to serve, the court will assign someone as a personal representative.
Potential Damages in New Mexico Wrongful Death Cases
When you file a wrongful death claim, you are eligible to collect compensation for the losses you and your family suffered as a result of the death. Typically, you can claim the following damages in a wrongful death lawsuit.
- Funeral and burial expenses
- Loss of companionship
- Pain and suffering the deceased endured prior to death
- Loss of inheritance
- Final medical expenses
- Mental anguish
- Loss of future earnings and benefits
Your attorney will help you determine which damages your case may qualify for, and who will receive the damages if your lawsuit results in a settlement.
Contact an Albuquerque Wrongful Death Lawyer
If you recently lost a loved one due to someone else’s negligent actions in Albuquerque, contact Jordan, Herington & Rowley as soon as possible. Our attorneys will examine the facts of your case and help you understand your legal options, potential damages, and the next steps forward.
Contact us today to schedule your free consultation with one of our wrongful death attorneys.