Losing a loved one under any circumstance is an incredibly difficult experience. Learning that your loved one’s death was occasioned by someone else’s negligence can be difficult to process. So, what do you do if this happens, and where do you turn to for help?
You and your family should never endure financial hardship in the future because of another person’s unlawful actions. Thus, if you lose a loved one due to negligence, you may be entitled to financial restitution through a wrongful death lawsuit.
Awarding damages in a wrongful death lawsuit
Determining wrongful death damages can be complex and confusing, to say the least. That said, the court has the responsibility to try to place a dollar amount on the losses the family has suffered. Here are some of the factors the court takes into account when doing this:
- The victim’s contribution to the household
- Any medical expenses incurred before the victim’s death if such expenses are directly linked to the injuries that lead to their death
- Funeral and burial expenses
- Loss of companionship, pain and suffering and mental anguish
Sometimes, you might also pursue compensation for your legal costs such as attorney fees. Of course, this depends on the circumstances of your case.
Timeline for bringing a wrongful death claim
A loved one’s sudden death can turn your life upside down. While mourning your loss, however, it is important to understand that time is of the essence if you plan to sue for damages. Per New Mexico wrongful death laws, you have up to three years to bring your claim. It’s important that you take this statute of limitations period seriously.
If you have lost a loved one due to wrongful death, you deserve justice. Understanding how New Mexico’s wrongful death laws work can help you assert your rights and receive the compensation you deserve for your loss.