When a loved one drowns, it’s a devastating tragedy. If someone is at fault for the incident, it may also qualify as a wrongful death. In this case, says the team at Balderrama Law Firm, LLC in Carlsbad, NM, one of their personal injury attorneys can help you. Here, they explain how.

How a Personal Injury Attorney Can Help With a Wrongful Death

1. Determine Fault

State and federal laws require pool owners to follow strict guidelines to protect swimmers, such as adhering to regular maintenance routines and repairing any obstructive or hazardous areas. Public pools in New Mexico, for instance, must have emergency equipment and barrier fences. Whether the drowning occurred in a pool or while the victim was boating, a personal injury attorney will work through all the details surrounding the incident, decide who is at fault, and let the family know if they should pursue a claim.

2. Determine Damages

If the incident qualifies as a wrongful death, the lawyer will then seek compensation on behalf of the family members. The settlement should cover burial expenses as well as all bills related to medical care. If the victim was married or had dependents, the attorney may seek damages for lost household contributions. Loved ones may also receive compensation for their emotional trauma.

3. Determine Who Should File & Receive Damages

If the victim had a will, their heir or estate representative must file the wrongful death lawsuit. If there’s no will, the court will appointment someone. In New Mexico, the person who receives the damages is determined by a number of factors. If the deceased had children and grandchildren, for instance, shares will be split evenly among them. If the victim was under 18 years old, their parents receive the settlement. The attorney will prepare the family and explain who should file the claim and how the compensation will be distributed.

A personal injury attorney will know how to best proceed with a wrongful death claim based on the evidence and their knowledge of local, state, and federal laws. In New Mexico, you can count on Balderrama Law Firm, LLC to effectively represent you. Frank Balderrama is experienced in personal injury law, and he will work hard to get you the compensation you and your loved ones deserve. Call (575) 234-1111 or visit their website for a free consultation.