wrongful death Archives

Assessing wrongful death

Wrongful death lawsuits in New Mexico can arise out of different facts and circumstances. While any death feels wrong when not from natural causes, there are certain criteria that need to be met to classify such a death as wrongful in the legal sense. Here is a breakdown of assessing the legal status of a death due to negligence and some common causes.

Who can file a wrongful death lawsuit?

Dealing with the unexpected loss of a loved one in New Mexico brings with it not only sadness and heartache, but also the expenses associated with his or her death. Those can include medical bills, funeral costs, as well as the prospect of trying to replace the financial support he or she provided. In the event that your family member or friend's death was due to the intentional or negligent actions of another, pursuing compensation through a wrongful death claim may help alleviate that financial burden. The question then becomes who is entitled to initiate such action?

Statistics on fatal work accidents

In 2015 -- the latest year for which there is complete data -- there were 4,836 fatal work-related injuries in the United States, according to the Bureau of Labor Statistics. Regrettably, this reflects an increase in comparison to 2014, when 4,821 deadly work injuries were reported. Also, there was an increase in deadly work-related traffic accidents.

How to determine negligence

When someone has been hurt or killed due to negligence, victims or their families have legal options for holding the negligent party accountable. However, proving negligence is more complicated than you might think. When determining whether negligence resulted in an accident, there are four general factors to be considered -- duty, breach, cause and harm.

Workplace accidents and wrongful death

From motor vehicle accidents to negligence in nursing homes, there are many examples of wrongful death cases. However, some people in New Mexico (and elsewhere) lose their lives while working.  At Almanzar & Youngers, our law firm is very familiar with the different types of challenges that these fatalities can create for families, from devastating sadness to financial difficulties.

Traffic crashes, work accidents and other wrongful death causes

When it comes to wrongful death cases, there are many factors that must be considered and each case will have unique details. If you have recently lost a loved one because of another person's negligence, you may be facing a wide variety of upsetting challenges. At Almanzar & Youngers, P.A., our law firm is very familiar with the emotional pain and other hardships that entire families in New Mexico may face following the death of a loved one.

An overview of wrongful death claims for drowning

Drowning is one of the most surprising and devastating ways for a family to lose a loved one. Drowning, unfortunately, is still a common occurrence in the United States. Drowning affects thousands of families a year. But, while all of these accidents result in death, not all of them give rise to legal liability. This post will go over the nuance of investigating and litigating a wrongful death suit over a drowning accident.

An overview of wrongful death lawsuits, Part 1

Wrongful death suits, unlike homicides, are civil suits over the wrongful death of a person. A person's death can be "wrongful" without being criminal. But, most criminal deaths are likely also wrongful in the civil code. Wrongful death suits are notorious for their unusual provisions which trip up unsuspecting plaintiffs and attorneys. This post will go over the quirks in wrongful death suits.

Compensation in a wrongful death lawsuit

The family members of the deceased might bring a claim for wrongful death if the victim was killed due the negligence of the accused. The standard of proof required to prove wrongful death is lower than the standard required to prove murder. A personal representative is appointed to bring a wrongful death claim.

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