Santa Fe Wrongful Death Lawyers
Let Our Firm Help You Throughout This Difficult Situation
Nothing could be more catastrophic than the sudden loss of a loved one. The law recognizes this, and it allows families grieving the loss of loved ones to pursue legal action against the at-fault parties who robbed them of their love and support. These wrongful death claims enable families to seek monetary compensation for their loss as well as justice and closure after these devastating events.
The Santa Fe wrongful death attorneys at James Wood Law are here to fight for you. We have developed a deep compassion for the struggles of those who have lost loved ones due to others' negligence or misconduct. You can rely on us to be there when you need us, offering sound advice, strong advocacy, and a relentless focus on your recovery.
Contact us online or by phone at (505) 906-6774 to speak to one of our attorneys today.
What is Considered Wrongful Death?
Wrongful death occurs when a person's life is lost due to the negligence, recklessness, or intentional actions of another party. In the context of medical malpractice, wrongful death may result from:
- Misdiagnosis or delayed diagnosis of a serious condition
- Surgical errors or anesthesia complications
- Medication errors, such as incorrect dosage or prescription
- Failure to provide timely treatment
- Birth injuries that lead to the death of a mother or child
New Mexico Wrongful Death Laws
In New Mexico, only the personal representative of the deceased's estate is authorized to file a wrongful death claim. This representative is often named in the deceased’s will or appointed by the court if no will exists. While the representative files the claim, any compensation is distributed to the deceased’s beneficiaries, typically the surviving spouse, children, or parents.
New Mexico imposes a statute of limitations on wrongful death claims. A claim must generally be filed within three years of the date of death. Failure to meet this deadline can result in the loss of your right to seek compensation. Acting quickly is critical to preserving evidence and building a strong case.
A wrongful death claim in New Mexico may seek compensation for:
- Medical Expenses: Costs incurred for the deceased's treatment before their passing.
- Funeral and Burial Costs: Expenses related to laying your loved one to rest.
- Loss of Financial Support: Compensation for the income the deceased would have provided to their family.
- Loss of Companionship: Damages for the emotional pain and loss of guidance experienced by surviving family members.
- Punitive Damages: In cases of extreme negligence or intentional misconduct, punitive damages may be awarded to deter similar behavior in the future.
How Medical Malpractice Contributes to Wrongful Death
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing harm or death to a patient. In wrongful death cases, proving medical malpractice requires establishing:
- A Doctor-Patient Relationship: Demonstrating that the provider owed a duty of care to the deceased.
- Breach of Duty: Showing that the provider’s actions or inactions fell below the standard of care expected in similar circumstances.
- Causation: Providing evidence that the breach of duty directly caused the death.
- Damages: Highlighting the emotional, financial, and physical losses suffered by the family as a result of the death.
Navigating these complexities requires the skill of an experienced Santa Fe wrongful death attorney who understands the intricacies of medical malpractice cases. At James Wood Law, we collaborate with medical experts, review detailed records, and thoroughly investigate to build a compelling case on your behalf.
Contact us online or call (505) 906-6774 to schedule a free consultation with our Santa Fe wrongful death lawyers today.
Why We Should Be Your First Choice
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Multiple Verdicts and Settlements Obtained of $1 Million or More
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Tried More Than 50 Cases to a Jury & Settled More Than 150 Cases
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Board Certified Trial Lawyer by the National Board of Trial Advocacy
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Rated AV Preeminent® by Martindale-Hubbell®