If your loved one died in a preventable scenario, your family might have grounds for legal action. After evaluating the circumstances, a wrongful death lawyer can help you determine how to proceed. In the meantime, here are the answers to some of the most frequently asked questions about wrongful death suits so you know what to expect along the way. 

A Guide to Wrongful Death Suits in New Mexico

What constitutes wrongful death?

The court considers a death to be wrongful if another party’s misconduct or neglect caused it. If the deceased would've been able to file a personal injury claim had they survived, relatives have grounds for a wrongful death suit. 

Who are the beneficiaries of successful wrongful death claims?

In New Mexico, the personal representative of the deceased’s estate must bring the suit. Should it yield a payout, though, there are several parties who may be entitled to a portion of the proceeds. Eligible beneficiaries include the victim’s surviving spouse, children, parents, and siblings. 

How long does your family have to take legal action?

The standard statute of limitations for wrongful death suits is three years. Because there are exceptions, however, it’s wise to consult an attorney as soon as possible. If it turns out you’ll be bringing a suit against a government agency, for example, you only have 90 days from when the cause of action occurred to file a notice of your claim.

What kinds of damages are recoverable in wrongful death suits?

A wrongful death lawyer can help you pursue all the losses that result from your loved one’s unanticipated passing. Examples include funeral and burial expenses, hospital bills, and loss of inheritances. Plaintiffs may seek non-economic damages, too, like mental anguish and loss of companionship. They can also include any pain and suffering that the deceased endured before passing in the negotiations. 

To see if your family has grounds for legal action after losing a loved one, turn to Gary C. Mitchell, P.C. Practicing out of Ruidoso, NM, this compassionate wrongful death lawyer has been in the field since 1977. To learn more about his case history, visit his website. To schedule a consultation, call (575) 257-3070.