What is Wrongful Death in New Mexico and What to Do in This Tragic Situation?

Many accidents happen to people every day due to the negligence of others, and most of these accidents go unnoticed or are not taken seriously. But personal injury cases are very serious, and wrongful death falls under this category. It is significant for people to know what these terms are so that they know what their rights are, because unfortunately, after an accident, whether it is the other party’s lawyers or the insurance companies, they will try to make it look as if the damages are less. That is why it is important for people to know their rights.

What is Wrongful Death?

Under New Mexico law, wrongful death is an offense that occurs when someone else’s fault or negligence causes the death of another person. An example of this would be a driver who drives under the influence of alcohol and then causes the death of another person, which falls under this offense and is called a wrongful death. In these cases, the relatives of the victim must be compensated, and the lawyer will take care of these cases. These lawyers are called wrongful death lawyers.

Who Can File a Lawsuit?

There are a number of standards that must be met in order to sue the other party, and people need to know what these are. If you want to file a lawsuit, you need to be the personal representative of the person who died in the accident, or you need to be named in the will of that person. After the lawsuit, compensation to the relatives of the victim is distributed in different ways. If there are no children, the victim’s spouse is entitled to all the compensation. But if there are children or grandchildren, the spouse receives half, and the children or grandchildren split the remaining half among themselves. If the person killed in the accident is under 18 years of age, the parents can split the compensation equally between them, or if the deceased has siblings and there are no surviving spouses, children, grandchildren, or parents, the compensation can be split between the siblings.

How Do You File a Lawsuit?

Before you file this lawsuit, you need to know that in New Mexico there is a 3-year statute of limitations, which starts counting from the date of death. If you want to file a lawsuit, you will need to have sufficient evidence because the other side’s lawyer will certainly do everything in his or her power. Therefore, it would be much more sensible to leave things in the hands of a lawyer instead of acting alone, because with the stress after the accident, people know that they cannot always cope with it, and a lawyer can help the relatives of the victims in such a situation and help them win the case. There are numerous benefits to hiring a wrongful death lawyer in stressful times like this.