There is nothing that can bring back a loved one who passed away, but when you are experiencing this type of loss due to the negligent or reckless actions of another person, there are certain steps that you can take to protect your rights and hold liable parties accountable for wrongful actions.
Not every grieving family has grounds to file a wrongful death claim, but it could be a viable option for you. If you believe that you may have a case, a reasonable first step would be to seek the help of a New Mexico attorney who can identify your legal options and assist you as you move forward with the appropriate legal action.
The elements of a strong wrongful death claim
A representative of the estate of the deceased may bring a wrongful death claim. A successful claim depends on certain factors, and your chances of success depend on the presence of the following:
- The passing of a human being
- Evidence that the death was the result of negligence or wrongdoing of another person
- Financial suffering of the remaining family members caused by the unexpected death
- A personal representative appointed to bring the claim for the family
Many times, a wrongful death claim stems from a car accident or other type of motor vehicle collision, but that is not the only reason why a person may consider filing a wrongful death claim. Other circumstances may merit this course of action if they led to the unexpected death of your loved one:
- Medical malpractice
- Plane accident
- Accident on public transportation
- Death caused by occupational hazard or toxic exposure
- Criminal behavior
The damages that you may pursue depend largely on factors such as your financial losses, pain and suffering experienced by the decedent before his or her death, and loss of income.
Helping your family move forward
There is nothing that can reverse what happened and bring back your loved one, but you can take certain steps to help your family recover and move forward. By seeking financial compensation, you can cover your losses associated with medical bills, funeral expenses and more.
The best way to fully understand your potential legal options is to reach out for legal support as soon as possible. After an evaluation of your case, you can better know if you should move forward with a wrongful death claim after the loss of your family member.