People in New Mexico who have experienced the unexpected death of a loved one know how hard it is to deal with such an event, both from an emotional and financial perspective. When a loved one dies, the event can throw a whole family into turmoil. If the person’s death was caused by the negligent or reckless actions of another party, the emotional pain can be even greater. But, in these situations, a wrongful death lawsuit may be an option to address the financial impact of the incident.
It is important for family members who find themselves in this type of situation to understand the basics of a wrongful death lawsuit. For starters, the appropriate defendant for the case needs to be identified. If, for example, the loved one died in a car accident, the defendant will likely be another driver who caused the accident. But, there could be other defendants as well, like the car manufacturer if, for instance, a safety feature in the vehicle failed.
To prove a wrongful death case, the family members pursuing the case will need evidence. This will likely come in the form of any reports that were produced in response to the accident in question, as well as photographs of injuries and the accident scene, and perhaps eyewitness testimony as well.
However, applying this evidence to prove the elements of the wrongful death case can get complicated from a legal standpoint. The available evidence must convince a judge or jury that the defendant’s actions did indeed cause the accident in question and that the family members have suffered a financial loss as a result.