Families left behind are always the ones suffering the most when a loved one passes due to another person’s negligence.
According to the National Center for Biotechnology, it was estimated that about 200,000 patient deaths were due to preventable medical errors each year in the US. This doesn’t count all the other reasons for wrongful death.
It may be a consolation to know that surviving family members can seek justice. The law provides a way for them to claim compensation for the damages they suffered. But there is a limit for doing so. In the New Mexico wrongful death statute, claims must be filed within three years from the date of death.
Here are some of the common ideas you need to know so you won’t miss the statute of your claim.
What Constitutes a Wrongful Death?
Wrongful deaths occur due to another person’s negligence or deliberate act. It is a very sad experience for people left behind. For some, they are like wandering around in the dark looking for explanations.
Wrongful death situations can develop from car accidents to medical malpractice and even to murder or something similar to this. It all comes down to whether the death was due to the irresponsible behavior of another person or was on purpose.
But do remember that you are in good company. There are several other people who experienced this grief and fought for the rights of their loved ones.
It is helpful to know basic knowledge about wrongful death. You can find a community that understands your sorrow and will accompany you in the fight.
Who Can File a Wrongful Death Claim?
You might be searching for some clarity if the unfortunate event of a loved one dying through the negligence of another person occurred. Immediate family members usually initiate these claims, such as a spouse, child, or parent.
Rules differ from state to state. In your case, you should learn the regulations in your state. There are also cases where distant relatives or children can have the right to inherit when they are originally dependent on the deceased for financial support.
Wrongful death attorney Louis Rubano says that if the deceased’s estate was not determined before their death, the court might appoint someone to serve as an executor or administrator.
It is essential to understand that filing claims is not only for the pursuit of justice; it safeguards the memory of your loved one and keeps the person or persons behind that memory alive.
The right kind of support, guidance, and strength can only be offered by a lawyer through this difficult process.
Types of Damages in Wrongful Death Cases
You can seek compensation for certain wrongs caused by your loved one’s sudden death by filing a wrongful death suit. In terms of damages, there is the right to be compensated for several losses.
Economic damages are tangible losses like medical treatment and funeral expenses, plus any employment-related income that your loved one might have earned for himself. Non-economic damages pertain to the pain and suffering, loss of companionship, and loss of guidance that you in turn feel.
In some cases, there may be punitive damages awarded to punish the guilty party for conduct that is so reckless. Ideally, when you come to understand these types of damages, you will have certain confidence in working through your claim, thus honoring the memory of your loved one while seeking the justice and support you deserve.
The Process of Filing a Wrongful Death Lawsuit
There are a great number of possible consequences deemed upsetting in any wrongful death case. Very little can be done from a layperson’s perspective in pursuing these types of claims until their meaning is understood.
The first step is to obtain a good, experienced wrongful death lawyer. Your counsel will put together all the evidence necessary to meet the requirements of law. After this, a formal complaint will be filed before a competent court, laying down the facts of the case and the damages you claim.
Following filing, your defendant is granted their day to respond or actually answer all allegations. Discovery then begins so that both sides share any information. Most cases settle before trial, but if yours doesn’t, be ready for court.
You should remember that your family and friends will always be with you during all those hours and days until you find good professional help to be working on your case.
Common Misconceptions About Wrongful Death Statutes
What do you really know about wrongful death statutes? What many consider inaccurate is to say that these laws cover only accidents. They range from situations of medical negligence to intentional harm.
The other common misconception is that only immediate family can bring the claim. Indeed, certain states allow distant relatives to file claims if they experience financial hardship. Another belief might be winning means big payouts; while certain awards reach great amounts of money, compensation varies widely and cannot always account for sorrow or loss.
Legal terms can be difficult to comprehend, but at least these misconceptions will give you a little help. You don’t have to go this way alone since there are others who can provide you with support when you need it.
