Wrongful Death Attorneys in Las Cruces, NM
When someone dies due to the negligence or recklessness of another person, the decedent’s heirs may file a wrongful death claim against the party at fault. Unlike other personal injury actions, wrongful death will necessarily involve a probate action.
Persons Liable for Wrongful Death Claim In Las Cruces, NM
Depending on the circumstances surrounding the incident, several parties may be responsible for the wrongful death of a person. They include:
- The original tortfeasor or negligent/reckless party
- Medical providers
- Ambulance facilitators
It’s important to examine all parties involved in order to identify the persons who may be responsible, and their degree of negligence that may have led to the death of the decedent.
Who May File Wrongful-Death Claim In Las Cruces, NM
As a rule, the surviving heirs of the decedent can file a claim for wrongful death against negligent persons. Surviving heirs include:
- Brothers and sisters
A wrongful death situation will usually involve a case filed by a spouse seeking compensation for their loved one and for the minor children if minor children are present. A surviving spouse can further wrongful death claim compensation for loss of consortium, loss of companionship, and loss of affection as a result of the death of a loved one.
Our Experienced Wrongful Death Lawyers In Las Cruces, NM
Our Las Cruces wrongful death lawyer has years of experience in accidental death cases, many of which are intertwined with medical malpractice. One of our ongoing cases for wrongful death involves a claim arising from the death of a patient who fell off a hospital bed and died of head injuries due to the failure of medical providers to monitor the patient.
In another case, our Las Cruces Wrongful Death Attorneys obtained compensation for the death of a young child who suffered fatal injuries after going through a barbed wire fence that a construction company installed in order to keep four-wheel drivers out.
What Law Office of Samuel I. Kane, P.A. Can Do In Las Cruces, NM
A wrongful death claim is filed in the name of the appropriate representative of the decedent. This involves a prior determination of the legal heirs under probate law and the filing of a probate action.
Las Cruces Wrongful Death Attorney, Samuel I. Kane has an extensive background in family law, a key advantage in accidental death cases, which often involves probate proceedings in court. We have represented multi-million dollar probate disputes throughout New Mexico, helping clients obtain significant settlements for the death of their loved ones.
Our Las Cruces Personal Injury Law Office For Immediate Assistance After Any Of The Following:
- Auto Accident
- Bicycle Accident
- Brain Injury
- Bus Accident
- Dog Bite
- Motorcycle Accident
- Pedestrian Accident
- Premises Liability
- Slip and Fall
- Spine Injury
- Truck Accident
- Wrongful Death
Contact Our Experienced Las Cruces Wrongful Death Attorneys For A Free Consultation.
Las Cruces wrongful death Attorney at Law Office of Samuel I. Kane P.A. can help by sorting the legal aspects of your claim, identifying the primary beneficiary, filing the probate action and the related processes of providing notice and publication, and then filing the personal injury lawsuit against the negligent parties. Contact our Las Cruces Wrongful Death Lawyer today at 575-526-5263 for assistance and no-obligation consultation.
Wrongful Death FAQs
What are the Most Common Causes of Wrongful Death in New Mexico?
Wrongful death can occur any time negligent actions or inaction causes the loss of life, which may include car, bicycle, motorcycle, truck, and pedestrian accidents or even during slip and fall circumstances.
Can I Pursue a Wrongful Death Claim When My Loved One Lived for Several Days Before Succumbing to Their Injuries?
Yes. You may pursue a wrongful death claim in New Mexico, even when your loved one lived through the accident. In fact, you may pursue financial recovery for the expenses that were incurred during the lifesaving procedures, including ambulance transportation, surgeries, and hospital bills.
How Are Wrongful Death Settlements Paid to Survivors?
When a wrongful death claim is settled, the survivors may receive a payment in a lump sum or as a structured settlement that is paid as monthly income instead of a lump sum.
Are Wrongful Death Damages Taxable?
Typically, wrongful death damage amounts are generally not taxable.
Do I Have to Pay a Fee to Discuss My Loved One’s Loss with a Personal Injury Lawyer?
At the Law Office of Samuel I. Kane, P.C., our wrongful death attorneys will review your claim for free during a confidential consultation. If we take your case, you will never be charged any upfront fees until we resolve your case and secure a financial settlement or verdict on your behalf.
- Causes of Wrongful Death in Las Cruces
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- $165 Million Verdict for Wrongful Death Victims Upheld by New Mexico Court
- How to Deal With a Wrongful Death Case in New Mexico