Albuquerque Wrongful Death Lawyer 

Compassionate Representation & Determined Advocacy

When someone loses their life due to the carelessness or intentional actions of another person, they can be held responsible for the financial and emotional losses suffered by the deceased person's family.

Pursuing a wrongful death lawsuit in New Mexico can be a complex undertaking, as the individual initiating the claim must adhere to various legal regulations and timelines, which can be especially challenging for those who are grieving the loss of a loved one in an accident that might have been prevented.

At this time, you need the skilled representation of a seasoned wrongful death attorney in Albuquerque who has the knowledge to handle these specific situations and can offer you and your family empathetic support and valuable legal guidance in seeking compensation and justice.

Have you lost a loved one due to someone else's negligence? Call IBF Law Group today at (602) 833-1110 or contact us online to explore your legal rights and options for justice!

Why Choose Our Dedicated Wrongful Death Attorneys?

At IBF Law Group, our Albuquerque wrongful death lawyers have a sincere and heartfelt concern for the individuals we serve. Our approach is tailored to each client, as we deeply understand their unique circumstances and objectives. We craft strategies to achieve positive outcomes based on our extensive legal knowledge and diverse backgrounds. We recognize the hardships that accompany such trying moments. As a result, we make ourselves accessible to our clients, offering well-informed guidance and comprehensive responses to their inquiries and concerns.

Our team is committed to addressing the legal aspects of your case and providing support during this emotionally challenging time. This commitment includes clear communication, timely updates, and a collaborative approach that respects your needs and preferences. Our caring approach has garnered the trust of Albuquerque residents seeking justice for the untimely loss of their loved ones.

What is Considered a “Wrongful Death”?

New Mexico's wrongful death statute defines it as any death that is “caused by the wrongful act, neglect, or default of another”.  Wrongful death cases are commonly filed as a result of car accidents, truck accidents, and other catastrophic events, whether the victim was killed immediately or later succumbed to their injuries.

Who is Eligible to File a Wrongful Death Claim in Albuquerque?

In New Mexico, the personal representative of the deceased has the right to file a wrongful death claim. This person is usually named in the deceased's estate plan; however, the court will appoint one if no party is named. Regardless of who is appointed personal representative, the surviving family members will receive the benefits of the wrongful death claim.

Depending on the deceased's currently living relations, the award from a wrongful death case will be distributed as follows:

• If there are no children, the surviving spouse will receive the total amount
• If there is a spouse and children or grandchildren, half will go to them, and the other half to the surviving spouse
• If there are children or grandchildren and no spouse, the total amount will be divided between them

Types of Damages You Can Claim in a Wrongful Death Case

If your loved one died as a result of negligence, you have the legal right to pursue compensation from the at-fault party. The compensation that can be recovered with a wrongful death lawsuit includes:

• Funeral and burial expenses
• Medical expenses for any injuries the deceased sustained as a result of the accident
• Loss of income or benefits the deceased would have obtained if they were still living
• Pain and suffering sustained by the deceased before their death
• Emotional distress suffered by surviving family members

Other damages may apply, but it depends on the specific details of your case. The experienced Albuquerque wrongful death lawyers at IBF Law Group can evaluate your case during a free consultation and give you a better understanding of what compensation you may be entitled to.

Navigating Wrongful Death Claims in New Mexico

Albuquerque's legal environment can be challenging, with specific local laws governing the filing of wrongful death claims. Understanding these statutes is crucial, as they determine how a case can progress and who is eligible to act on behalf of the deceased's estate. Family members should be aware that the state's statute of limitations dictates a specific timeframe for filing claims, generally restricted to three years from the date of the loved one's passing.

Albuquerque's court system is also dedicated to serving justice efficiently, but the process can be lengthy. Having a local legal partner familiar with these nuances ensures your case moves through the system as smoothly as possible. Our lawyers at IBF Law Group use their understanding of this system to advocate effectively for your family, ensuring all procedural requirements are met promptly and accurately.

Contact Our Albuquerque Wrongful Death Attorney Today 

Securing the services of our seasoned wrongful death attorneys in Albuquerque is of the utmost importance in your situation. Our knowledge can provide you with clarity regarding your rights and available courses of action. Furthermore, we can help you manage the intricacies of the legal process, alleviating some of the pressures and concerns, thus enabling you to concentrate on getting your life back together after such a tragic loss.

Don’t wait to pursue the justice your family deserves. Contact an Albuquerque wrongful death lawyer now for a free, compassionate consultation! 

Frequently Asked Questions

What is the Process for Filing a Wrongful Death Claim in Albuquerque?

Filing a wrongful death claim in Albuquerque involves several steps, starting with the appointment of a personal representative for the deceased's estate. This is typically outlined in the individual's will; if not, a court will appoint someone to fulfill this role. The representative is responsible for filing the claim and gathering necessary documentation, such as death certificates and police reports.

The next phase involves drafting the legal complaint, including allegations and the nature of damages sought. This document is critical as it sets the stage for negotiations or litigation. Having a lawyer versed in local procedures ensures these documents comply with New Mexico's legal standards, avoiding delays or dismissals. Throughout the process, your attorney will negotiate with opposing parties and represent your interests in court if a settlement cannot be reached.

How Long Does a Wrongful Death Case Take to Resolve?

The duration of a wrongful death case in Albuquerque varies significantly based on numerous factors. Generally, the process can take months to several years, depending on the case's complexity and both parties' readiness to negotiate a settlement. If the case proceeds to trial, additional time is needed for court schedules and potential appeals.

Factors that influence the timeline include the availability of evidence, insurance companies' willingness to negotiate, and the specifics of local court procedures. Working with a knowledgeable attorney who understands the Albuquerque legal system can help streamline this process, ensuring you receive a timely resolution without unnecessary delays.

What Role Does Insurance Play in Wrongful Death Cases?

Insurance companies play a pivotal role in wrongful death cases, often providing compensation for surviving family members. However, dealing with insurers can be challenging, as they are primarily focused on minimizing their exposure and financial obligation. It's vital to strategically approach interactions with these entities, presenting well-documented claims to establish rightful entitlements.

Our team at IBF Law Group is adept at managing these interactions, negotiating favorable terms while prioritizing the family's best interests. We advocate diligently to ensure that insurance adjusters recognize the full scope of the emotional and financial impact, facilitating a settlement reflective of the loss's meaning.