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When someone dies because of another party’s reckless or negligent behavior, the surviving family members may want to file a wrongful death lawsuit. Although no amount of money will offset your loss, damages can cover funeral costs, lost wages, and pain and suffering. The attorneys at Balderrama Law Firm LLC, in Carlsbad, NM, take a compassionate approach to wrongful death litigation and assist clients with their suit every step of the way.  

Wrongful death claims involve all kinds of scenarios, from motorcycle accidents to medical malpractice procedures. According to the Centers for Disease Control and Prevention, there were more than 130,000 unintentional injury deaths in America in 2013. If you have a loved one who passed away from an unintentional injury, you may have a case for wrongful death. However, be aware that there is a statute of limitations. New Mexico Statutes specify that a wrongful death claim must be filed within three years of the deceased’s death. Some factors can “pause” the timeline, so if more than three years have passed since your loved one’s death, a personal injury attorney will help you determine if you still have a case.

wrongful deathWrongful death lawsuits are similar to criminal trials in that they require evidence; however, it takes a lower standard of proof to demonstrate that wrongful death occurred. Immediate family members, life partners, financial dependents, and putative spouses have the right to pursue compensation following an accident. Depending on the situation, the defendant could be any number of allegedly guilty parties, such as motorists, employers of the motorists, engineers, government agencies, manufacturers, distributors, and individuals who gave alcohol to someone who proceeded to drink and drive.

If you have reason to believe that a loved one was taken from you because of someone else’s negligence, an attorney from Balderrama Law Firm LLC, will help you gather the necessary evidence to file your suit. After investigations are complete, negotiations will begin. If no settlement can be reached, your lawyer will help you file a complaint with the court and guide you through the trial process.

Visit the website of Balderrama Law Firm LLC to learn more about their areas of practice, or call (575) 234-1111 to discuss your wrongful death case today.

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