Do you believe that your loved one died due to negligence by caregivers? It is important to understand the laws and procedures concerning wrongful death that may relate to your case.
Tort Claims Notice
Even though New Mexico law states that you have three years to file a wrongful death claim for a loved one starting from the date of death, different timelines may apply if you need to file a case against the state or a local government entity.
Specifically, you may need to consider when the injury that led to the death occurred in addition to the date of the death itself.
This can complicate your case because there may be a significant lapse in time between the date of injury and the date of death. When filing against a government entity, these timelines are strict, and it’s important to take action as soon as possible.
Criminal involvement
If a criminal act resulted in the death of your loved one, the case will also need to be investigated as a crime and handled by a criminal court. The wrongful death case is a civil one — not a criminal one — but the criminal case will likely impact the wrongful death case.
The wrongful death case may result in financial compensation for funeral expenses and other damages, such as emotional pain and suffering. The criminal case will aim to bring anyone at criminal fault to justice.
Seek Legal Guidance
Elderly loved ones are vulnerable to financial, emotional and physical abuse at the hands of their caregivers. If you suspect that your loved one’s death was the result of negligence by a caregiver, it is important to act quickly.
A lawyer can best explain how the statute of limitations or a criminal case may affect your particular wrongful death lawsuit.