Most people in Albuquerque hope that their loved ones will live to a ripe old age and will pass away after having a long, fulfilling life. Unfortunately, sometimes a person's life is cut short due to the negligence of another. Whether it is a fatal car crash, a workplace accident or an act of medical malpractice, when a person's demise is caused by another person's actions, this can be a difficult pill for the person's loved ones to swallow. They may want answers and accountability with regards to their loved one's death. And, on a more practical note, they may be suffering financially due to their loved one's death.
When this happens, it may be possible to pursue a wrongful death suit. New Mexico, like all other states in the nation, have laws that dictate how such a suit can be brought. Unlike criminal cases, which must be proven "beyond a reasonable doubt" a wrongful death suit is a civil action, and therefore the burden of proof is lowered to a "preponderance of the evidence."
It is important to consult with an attorney as soon as possible if a person would like to investigate a potential case for the wrongful death of their loved one. There are important deadlines that need to be addressed and the attorney will need time to investigate whether there is a viable claim.
Although the financial compensation is helpful, it is true that no amount of money can replace a loved one lost. However, it can go a long way to feeling like a modicum of justice has been done, and the responsible party has been held accountable for his or her actions.
Source: FindLaw, "Wrongful Death Overview," Accessed May 15, 2017