Las Cruces, New Mexico Wrongful Death Attorney

Lawyer Helping Families Seek Justice for Wrongful Death in Las Cruces, NM

The sudden loss of a loved one due to another person's negligence can be an unimaginably painful experience. In many cases, these deaths could have been prevented if the responsible party had exercised reasonable care. When a wrongful death happens, surviving family members may be left struggling with questions about their legal rights and their options for seeking justice.

At James Kennedy, P.L.L.C., we help families pursue wrongful death claims so that they can hold the liable party accountable for their actions. Our legal team understands the many intricacies of these cases, and we work diligently to ensure that families receive the support and representation they deserve. We handle the legal process so that families can focus on healing and remembering their loved ones.

What Are Common Causes of Wrongful Deaths in New Mexico?

A wrongful death occurs when someone loses their life due to the careless actions of another party. In legal terms, these cases are similar to personal injury claims, except that the victim is no longer able to pursue justice themselves. Wrongful death claims may arise from:

• Medical Negligence: When medical practitioners fail to provide appropriate care, the consequences can be deadly for patients. Surgical mistakes, medication errors, and delayed treatment may all lead to wrongful death.
• Defective Products: Manufacturers are responsible for ensuring their products are safe for consumer use. Defective medical devices, vehicle parts, and household items can all lead to fatal injuries.
• Car Accidents: Drivers who drive under the influence, speed, or do not obey traffic laws put others at risk. Deadly collisions on major roadways like Interstate 10 and U.S. Route 70 are unfortunately common in the Las Cruces area.
• Pedestrian Accidents: Distracted or reckless drivers pose a serious danger to pedestrians, who have little protection in a collision with a vehicle. Fatal accidents can occur at intersections, crosswalks, and along busy roadways.
• Workplace Injuries: Construction sites, agricultural work, and industrial jobs pose significant risks for workers, especially if employers fail to provide proper training and safety equipment.
• Unsafe Premises: Property owners must maintain safe conditions for visitors. Hazardous conditions such as dangerous staircases or fire hazards can cause catastrophic accidents.

If you suspect that negligence contributed to the passing of your loved one, legal guidance is essential. Our firm can help you determine the best course of action to pursue justice.

Who Can File a Wrongful Death Claim in New Mexico?

Unlike some states where family members can directly initiate a lawsuit, New Mexico requires a wrongful death claim to be filed by the personal representative of the deceased's estate. This person is usually named in the deceased's will, or they may be appointed by the court.

While the personal representative files the claim, the compensation awarded goes to the deceased's heirs, who typically include:

• The surviving spouse
• The deceased's children or grandchildren
• Parents of the deceased (if there is no spouse or children)
• Siblings or other close family members, in some cases

If you are unsure about your eligibility to seek compensation, we can review your case and explain your legal options.

Compensation in a Wrongful Death Case

A wrongful death claim is meant to provide financial relief for the hardships that families endure after losing a loved one. Compensation may help cover:

• Medical bills related to emergency treatment, hospitalization, or end-of-life care before the person's passing
• Funeral and burial expenses associated with laying a loved one to rest
• The wages and financial support that the deceased would have provided to their family in the future
• Loss of household services for tasks the deceased performed, such as childcare, home maintenance, or caregiving
• Grief, emotional suffering, and loss of companionship

How Long Do You Have to File a Wrongful Death Lawsuit in Las Cruces?

Families in New Mexico generally have three years after the date of their loved one's death to pursue a wrongful death claim. Families may lose their right to seek compensation if a claim is not filed within this time period.

There are some situations where exceptions to this rule may apply, such as in cases involving government entities or situations where the cause of death was not immediately discovered. Because missing the deadline can jeopardize your ability to recover damages, it is important to discuss your case with an attorney as soon as possible.

Contact Our Las Cruces Wrongful Death Lawyer

When faced with the untimely passing of a loved one, it can be overwhelming to figure out how to move forward. James Kennedy, P.L.L.C. is here to guide your family pursue a wrongful death claim, and we will work tirelessly to obtain the compensation you need. To schedule a free consultation, call 915-544-5200 or contact us online. Let us help you hold the responsible party accountable for the damage they have caused.