Our law firm advanced a landmark case in the area of wrongful death. Please call Keller & Keller so that we can explain the depth and importance of this decision. If you have lost a family member due to the negligence of another, allow Keller & Keller to help advise you of your options.
Every state in America has passed laws to protect citizens who are harmed when someone causes the wrongful death of someone close to them. These "wrongful death statutes" allow the heirs to file a claim: this provides protection for a victim's spouse, children, and sometimes, his parents. The decedent's estate representative may file a claim as well, on behalf of other heirs. This is true in New Mexico.
If the loved one's death was caused by someone's negligent, willful, or wrongful act; or by their neglect, omission, mistake, or default, then the statute will apply. The wrongdoer will be legally responsible for that "wrongful death" and liable to the victim's loved ones for monetary damages.
Of course, there is no truly sufficient way to compensate a family for such a tragic loss. The best that can be done, from a legislative perspective, is to provide for both economic damages (projected gross lifetime income, without deducting any projected expenses) and those non-economic ones (i.e., the enjoyment of living).
Sometimes, punitive (or "punishment") damages may be awarded: the law provides for this when there has been malicious and intentional wrongdoing. Here, the goal is not so much compensation of the victim's family as it is to both punish the wrongdoer and set an example to discourage this type of behavior. New Mexico wrongful death law includes punitive damages.
Keller & Keller has extensive experience in asserting wrongful death claims. We know these are painful situations, where the loss of a loved one cannot be truly compensated with mere money.
In this difficult time, we can however offer the assistance of a free, initial legal consultation regarding your situation. Please contact us to schedule an appointment to assess any possible wrongful death claims you may have.
For further information:
New Mexico Wrongful Death Statute
Center for Disease Control and Prevention
National Patient Safety Foundation
National Center for Injury Prevention and Control
National Violent Death Reporting System
