Wrongful death lawsuits seek to obtain compensation for the victim’s family. If one of your family members has passed away and you suspect another person’s or institution’s lack of due care (negligence) is even partially responsible for your loved one’s death, it is time to take action. Our New Mexico wrongful death lawyer is here to explain the nuances of wrongful death cases in layman’s terms you can easily understand and help you pursue compensation.
The Basics of Wrongful Death Lawsuits
A charge of wrongful death requires a prevelence of evidence to exist. The aim is to present a case that proves convincing enough to lead to a decision that favors the family of the person wrongfully killed by the negligent, willful, or reckless act of another person or institution. Therefore, the law empowers the spouse, child, or parent of the victim to file a wrongful death lawsuit against any individual or entity that might have caused the death.
The Court’s Definition of Wrongful Death
Any wrongful act, including a violent crime, can lead to a wrongful death lawsuit. This is true regardless of whether the entity in question has a criminal charge pending against them. A negligent act can also lead to a wrongful death conviction. This could be failure to adhere to the standard safety measures or failure to warn others of possible dangers.
Specific Examples of the Common Causes of Wrongful Death
Wrongful death can result from all sorts of causes. Anything from an auto accident to choking on a toy can lead to a wrongful death lawsuit. In the context of auto accidents, a wrongful death lawsuit can result from a pedestrian fatality, road construction, faulty vehicle engineering, drunk driving, etc. Accidents involving trucks commonly cause wrongful death lawsuits simply due to the sheer size of these massive vehicles. Some additional causes of wrongful death include:
- Medical malpractice,
- Collisions involving bicycles and vehicles,
- Work-related accidents,
- and defective products.
Medical malpractice wrongful death lawsuits are more common than most think. Anything from an error in the emergency room to a misdiagnosis can cause death and a subsequent wrongful death lawsuit. Additional causes could be:
- A prescription error,
- Medical equipment malfunction,
- Delayed diagnosis,
- or result from a surgical injury.
Work-related mishaps are one of the top causes of wrongful death outside of auto accidents and medical malpractice. If the employer is in any way negligent in the context of the worker’s death, the foundation for a successful wrongful death lawsuit is in place. Anything from a workplace explosion to a fire, improper training, or generally unsafe work area can cause injury and/or death.
A Defective Product
A death stemming from a flawed assembly process, faulty product design, or the failure to warn of potential injuries can lead to a sizable settlement. Additionally, if a seller, distributor, manufacturer, or designer of a product failed to minimize the risk to the public and death results, the negligent party should face a wrongful death suit.
It is also important to note criminal acts can also qualify as grounds for a wrongful death lawsuit. As an example, if a teenager commits suicide after being abused by a school teacher or coach, it might be possible to recover wrongful death damages from the culprit and/or the child’s school.
Contact Our New Mexico Wrongful Death Lawyer Today
If you have lost a family member due to the negligence of another person or institution, reach out to our New Mexico wrongful death lawyer. We will fiercely advocate on your behalf to obtain compensation for lost earnings, emotional pain and suffering. Give Lerner and Rowe Injury Attorneys a call at 844-977-1900. Our normal hours are 8:00 AM to 5:00 PM. However, we are willing to field your call 24 hours a day, 7 days a week. You can also interact with one of our agents through our online LiveChat feature.