Did you lose a loved one in a fatal accident in Albuquerque, NM? Do you suspect someone else was to blame? Our Albuquerque wrongful death lawyer at Curiel & Runion Car Accident and Personal Injury Lawyers is here to help you fight for justice. Contact our law firm in Albuquerque, New Mexico, by calling (505) 594-3621 to schedule a free consultation.
An experienced Albuquerque wrongful death lawyer can help you seek compensation for your loved one’s medical bills, loss of financial support, and the loss of your loved one’s company and support.
Our lawyers have been fighting for clients like you since we founded our law firm in 2011. Collectively, our lawyers have over 55 years of experience in personal injury cases like Albuquerque dog bites, slip and fall accidents, car accidents, brain injuries, Albuquerque bicycle accidents, and many more. We’ve already helped our clients recover over $30 million in settlements and verdicts. learn more about how we can help your family by giving us a call.
Why Should I Hire Curiel & Runion Car Accident and Personal Injury Lawyers, To Protect My Family After a Fatal Accident in Albuquerque?
You expect the insurance companies to come through for you when the worst happens. You may also expect the responsible party to admit fault.
Unfortunately, these things rarely happen. Recovering fair compensation after losing a loved one can be anything but simple. After all, you might not even know exactly what happened. An experienced Albuquerque personal injury attorney at Curiel & Runion Car Accident and Personal Injury Lawyers can help.
Our lawyers have earned a reputation for success. Over the years, we’ve achieved a 98% success rate when it comes to recovering fair compensation for our clients.
We’re prepared to help your family by:
- Investigating to determine who caused your loved one’s death
- Identifying all parties who share legal liability for your damages
- Calculating your case value
- Retaining experts who can help strengthen your case
- Handling all insurance negotiations and communications
Our Albuquerque personal injury lawyers are passionate about helping grieving families get justice. To learn more, contact our law offices for a free case review today.
How Common Are Deadly Accidents in New Mexico?
According to the New Mexico Department of Health, about 1,500 people die because of unintentional injuries across the state each year.
The New Mexico Department of Transportation (NMDOT) reports that 483 people were killed in motor vehicle crashes in New Mexico during 2021. That’s the highest fatality rate in over a decade.
A record number of fatal accidents involving drunk drivers, speeding, and hit-and-run crashes were reported that year.
In Bernalillo County alone, the following deaths were reported:
- 143 total motor vehicle accident fatalities
- 27 motorcycle accident fatalities
- 50 pedestrian accident fatalities
Another 53 people were killed in work-related accidents statewide in 2021.
Overview of New Mexico’s Wrongful Death Laws
Under New Mexico’s wrongful death law, you may have a valid wrongful death claim if your loved one’s death was caused by the
Most wrongful death cases are based on accidents. However, you may also have a valid wrongful death claim if your loved one died due to someone else’s criminal acts or wrongdoing.
If your loved one could have filed a personal injury lawsuit, you have the right to file a wrongful death lawsuit against the responsible parties.
What Is a Wrongful Death Lawsuit?
New Mexico wrongful death claims are similar to personal injury cases. These matters are brought in civil court. While criminal courts are designed to impose punishment, civil cases allow injured parties and their families to seek financial compensation.
Who Can File a Wrongful Death Claim in New Mexico?
Most states specify the surviving family members who can file a wrongful death lawsuit. Typically, these actions are brought by surviving spouses, children, and other relatives.
New Mexico is different. Under New Mexico law, the victim’s personal representative files the lawsuit. The personal representative is the person who is named in the victim’s will to handle their estate planning. If the deceased person did not name a personal representative, the courts will appoint someone to act.
Most often, the personal representative is a family member. If the action for wrongful death is successful, the representative distributes the compensation award to the victim’s survivors as follows:
- To the surviving spouse if the victim had no children
- If the victim left children or grandchildren and a spouse, one half of the proceeds go to each (grandchildren inherit if the victim’s children are deceased)
- To children or grandchildren if there is no surviving spouse
- To parents, if the deceased is unmarried and without children
- To brothers and sisters, if there is no surviving spouse, child, grandchild, or parent
If the victim is not survived by any of these family members, compensation is distributed according to state intestate laws.
What Is My Albuquerque Wrongful Death Case Worth?
Wrongful death cases are more complex than personal injury cases. You’ll never be fully compensated for the pain of losing a loved one. Our lawyers will do everything we can to help you recover every available dollar.
Generally speaking, your case value will depend on:
- Your loved one’s age, life expectancy, and future earning potential
- The identity of surviving dependents, including the ages of young children
- The circumstances of the accident
- Whether your loved one was killed instantly or forced to endure physical pain and suffering
- The fear and distress your loved one experienced prior to death
- The type of support the decedent provided to the family, considering child rearing, household services, and financial support
- How the loss has impacted your family
Insurance companies tend to take a cookie-cutter approach to these cases. They might try to use multipliers and formulas to calculate the value of your loss.
Our lawyers approach matters differently. We’ll work closely with your family to understand exactly how the loss has impacted your life. With that knowledge, we’ll be able to present the strongest possible claim for compensation.
What Types of Damages Can My Family Recover By Filing an Action for Wrongful Death in New Mexico?
Like any personal injury claim, damages are classified as either economic damages or non-economic damages.
If your case is successful, your family may be entitled to compensation for:
- Medical expenses incurred by the victim between the date of injury and the date of death
- Funeral expenses and burial costs
- Lost wages that the decedent would have earned had they survived
- Lost employment benefits
- The value of lost financial contributions and household services
- Loss of parental support and guidance
- The decedent’s pain and suffering prior to death
- Emotional distress caused by the loss of a family member
In cases involving criminal violence or intentional wrongdoing, the court may also award punitive damages to punish the responsible parties.
What Happens When My Loved One Is Being Blamed for Causing Their Own Death in New Mexico?
New Mexico has pure comparative negligence laws. If your loved one shared some blame for their death, your family’s compensation can be reduced according to their percentage of fault. However, you won’t lose your right to seek compensation entirely.
Remember that allegations of shared fault aren’t always legitimate. The insurance company might blame you without any proof. If you’re dealing with accusations involving shared fault, contact our Albuquerque wrongful death attorneys today. We’ll do everything possible to protect you.
What Causes Most Wrongful Deaths in Albuquerque, New Mexico?
According to the New Mexico Department of Health, the leading causes of death due to unintentional injuries are:
- Poisonings (including drug overdoses)
- Motor vehicle accidents
- Falls
Any type of accident can prove deadly if it’s serious enough.
At Curiel & Runion Car Accident and Personal Injury Lawyers, we often represent grieving families in cases involving:
- Car accidents
- Fires and explosions
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Medical malpractice
- Sports accidents
- Swimming pool accidents
- Boating accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Nursing home abuse
- Assault
The loss of a loved one can be overwhelming enough. When your loved one dies due to a preventable accident, our lawyers are here to fight for you. All you have to do is call to schedule your free case review today.
How Do I Prove I Deserve Compensation After the Death of a Loved One in New Mexico?
Like personal injury victims, you’ll probably have to prove negligence to recover damages.
Negligence claims have four elements:
- A legal duty of care
- Breach of duty
- Causation
- Damages
It’s also possible that your case could be based on strict liability or intentional wrongdoing. Regardless of the situation, you can count on our lawyers to track down the evidence to prove your case.
How Much Time Do I Have To Decide Whether To File a Wrongful Death Lawsuit in New Mexico?
Survivors have three years to file a wrongful death lawsuit in New Mexico. The three-year statute of limitations starts to run on the date of your loved one’s death. Once three years pass, you lose your right to sue for damages.
Contact an Albuquerque Wrongful Death Attorney for a Free Consultation Today
Our lawyers understand that this is a difficult time. You’ve suffered an unimaginable loss. An experienced Albuquerque wrongful death lawyer can help you fight for justice. Call Curiel & Runion Car Accident and Personal Injury Lawyers today to learn more about your rights.
Visit Our Personal Injury Law Office in Albuquerque
Curiel & Runion Car Accident and Personal Injury Lawyers
400 Gold Avenue SW Suite 650, Albuquerque, NM 87102
(505) 594-3621
Hours: Open 24 hours daily
Click here for directions on Google Maps.
Our personal injury law firm in Albuquerque, NM also provides:
- Bicycle Accident Lawyers in Albuquerque, NM
- Brain Injury Lawyers in Albuquerque, NM
- Bus Accident Attorney in Albuquerque, NM
- Car Accident Attorney in Albuquerque, NM
- Child Injury Lawyers in Albuquerque, NM
- Construction Accident Attorney in Albuquerque, NM
- Dog Bite Attorneys in Albuquerque, NM
- Lyft Accident Attorney in Albuquerque, NM
- Medical Malpractice Lawyers in Albuquerque, NM
- Motorcycle Accident Lawyers in Albuquerque, NM
- Pedestrian Accident Attorney in Albuquerque, NM
- Premises Liability Lawyer in Albuquerque, NM
- Product Liability Lawyer in Albuquerque, NM
- Slip And Fall Attorneys in Albuquerque, NM
- Taxi Accident Lawyers in Albuquerque, NM
- Truck Accident Lawyers in Albuquerque, NM
- Uber Accident Attorneys in Albuquerque, NM
- Workplace Accident Attorney in Albuquerque, NM
Local Funeral Homes
- French Funerals & Cremations – 1111 University Blvd NE, Albuquerque, NM 87102
- Garcia Mortuary – 717 Stover Ave SW, Albuquerque, NM 87102
- Salazar Mortuary – 400 3rd St SW, Albuquerque, NM 87102
- Strong-Thorne Mortuary – 1100 Coal Ave SE, Albuquerque, NM 87106
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
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