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Though all states allow spouses and children of wrongful death victims to sue for damages, each state has different guidelines regarding who else may do so. Based in Carlsbad, NM, Balderrama Law Firm LLC advises grieving family members on how to seek compensation for the wrongful death of a loved one. Here, respected injury attorney Frank Balderrama offers a more in-depth review of New Mexico’s specific guidelines.

Who Can Bring a Wrongful Death Lawsuit in Carlsbad, NM?

wrongful deathIn New Mexico, it is not enough to be a victim’s surviving spouse or adult child. To file a wrongful death claim, you must be the representative of the deceased person’s estate. In most cases, the representative of the estate is a spouse or adult child, but on occasion, they are a lawyer, financial advisor, or distant relative. If the personal representative is unwilling to bring a wrongful death claim on your behalf, or if the deceased does not have an estate plan, the court will appoint a personal representative.

Who Can Collect Compensation for a Wrongful Death In Carlsbad, NM?

Not everyone who files a wrongful death lawsuit in New Mexico is eligible to collect compensation. Although the personal representative is responsible for bringing about a lawsuit, only a surviving spouse, child, or and grandchild may collect damages from the case. If the individual had no spouse or children, or if the victim was younger than 18 at the time of death, surviving parents may be entitled to compensation. If there are no surviving parents, the deceased’s siblings may collect damages.

Balderrama Law Firm LLC guides bereaved family members towards the compensation they need to move on from a loved one’s wrongful death. If you recently experienced the sudden and unjust death of a family member, reach out to negligence lawyer Frank Balderrama to see if you can file a claim and collect compensation. Contact Mr. Balderrama and his team at (575) 234-1111, or visit them online.

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