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Law Offices of Kenneth G. Egan
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Compassionate Wrongful Death Lawyer in Las Cruces, New Mexico

Our Las Cruces, New Mexico wrongful death attorney focuses on the negligence that was involved in your loved one’s death to ensure that our investigation is conducted thoroughly before we negotiate a settlement or prepare a court case on your behalf.

At the Law Offices of Kenneth G. Egan, our Doña Ana County and Las Cruces, New Mexico wrongful death lawyer is dedicated to producing successful results for our clients, so they can grieve fully while our law firm focuses on the details of your unique case.

How Is Wrongful Death Defined In New Mexico?

Wrongful death is defined in New Mexico as a fatality that is caused by another’s:

  • Wrongful act
  • Negligence
  • Defaulting behavior

What Are The Common Types Of Wrongful Death In Las Cruces, New Mexico?

According to the National Highway Traffic Safety Administration, 379 traffic-related fatalities occurred last year alone in the State of New Mexico. When these deaths are the result of negligence, including speeding, distracted driving, or driving while intoxicated, wrongful death claims may be filed on behalf of eligible survivors who suffer financial losses as a result of losing a loved one.

Other common types of wrongful death accidents can include, but are not limited to:

  • Auto accidents
  • Bicycle accidents
  • Dog bites and attacks
  • Drowning accidents
  • Motorcycle accidents
  • Negligent security
  • Pedestrian accident
  • Semi-truck accidents

It is important to understand that any type of personal injury claim can begin as, or turn into, a wrongful death claim. If you have lost a loved one in an accident, our wrongful death lawyer in Las Cruces, New Mexico will partner with you to pursue the negligent person, party, or company responsible, so you can recover the financial losses that are associated with their death.

Who Can File A Wrongful Death Claim In Las Cruces, New Mexico?

The first step in filing a wrongful death claim in Las Cruces, New Mexico is appointing a personal representative to be named in the case.

This can include the surviving:

  • Spouse: Who will receive the entire settlement when children or grandchildren are not present
  • Children or grandchildren: Who will split one half of the settlement with the surviving spouse; or who will split the settlement equally when more than one child/grandchild exists where a spouse is not present
  • Parents: If there is no spouse, children, or grandchildren present – or if the deceased person is a child under the age of 18
  • Siblings: Where there is no spouse, children, grandchildren, or parents present – whether the deceased person is a child or adult

In most cases, but not always, the personal representative for whom the claim is filed is a person who is named in the deceased’s estate plan and can include the surviving members listed.

What Type Of Financial Recovery Are Family Members Entitled To After They Lose A Loved One To Wrongful Death?

The damages that can be pursued in a wrongful death claim in Las Cruces, New Mexico are dictated by the relationship the surviving member had with the deceased person. Each wrongful death claim is unique and requires an experienced Las Cruces, New Mexico wrongful death attorney to fully investigate and prove the cause of death was the fault of a negligent party.

When each aspect of a wrongful death claim can be proven, damages that are typically available to the survivor(s) can include:

  • Financial contributions to the household that would have been made by the deceased person
  • Funeral and burial expenses
  • Loss of companionship of the deceased family member
  • Loss of inheritance
  • Medical expenses related to the deceased person’s illness or injury prior to death
  • Mental anguish caused by the death of a spouse, child, or parent
  • Pain and suffering the deceased endured before death, where applicable

Can Punitive Damages Be Awarded In Wrongful Death Claims In New Mexico?

In the State of New Mexico, punitive damages are available in certain wrongful death cases.

Punitive damages are designed to punish the responsible party who caused the death in cases where gross negligence, recklessness, or intentional harm, occurred.

How Long Do I Have To File A Wrongful Death Claim In Las Cruces, New Mexico?

New Mexico Legislation states that the statute of limitations for filing a wrongful death claim is three years from the date of your loved one’s death. The filing requirements are stringent and complex, and require an accomplished attorney to achieve success.

At Law Offices of Kenneth G. Egan, Our Personal Injury Law Firm Also Focuses On The Following Practice Areas:

Call Our Las Cruces, New Mexico Wrongful Death

If you have lost a loved one in an accident that you believe was caused by the negligence of another, contact our wrongful death attorney in Las Cruces, New Mexico today at (575) 523-2222 to schedule a free case evaluation. We will supply you with the legal guidelines necessary for you and your family members to make an informed decision regarding the pursuit of financial recovery for your loss.

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