Albuquerque Wrongful Death Lawyer Serious Injuries Deserve Serious Representation
Albuquerque Wrongful Death Attorney
Providing Trusted Counsel to Families of Wrongful Death Victims in Bernalillo County
It can be a struggle to find closure when age or illness takes your loved one. If you lose your family member in a fatal accident, however, managing grief may be just one of many concerns you face during this emotional time. An accidental death can cause unexpected expenses and other unplanned responsibilities. You do not have to face these issues alone.
At Law Office of Nathan Cobb, we use the law to right injustices after a wrongful death. Our wrongful death attorney in Albuquerque is an experienced litigator ready to serve as a compassionate yet aggressive advocate for families throughout New Mexico. We can provide comprehensive guidance and support throughout each stage of the legal process and are prepared to fight for you in court to get you the full and fair compensation you and your loved ones need to move forward.
Beyond the legal process, we recognize the importance of offering emotional support and practical advice to families dealing with the aftermath of a wrongful death. Our team is dedicated to helping you understand every facet of your journey, from the initial consultation to resolving your matter. We prioritize transparency and regular communication, ensuring you’re always informed and empowered to make decisions. We are committed to pursuing justice and supporting your family’s emotional recovery.
Have you lost a loved one due to negligence? Call the Law Office of Nathan Cobb (505) 572-1160 or contact us online to speak with our wrongful death lawyer in Albuquerque!
When the Stakes Are High,
Trust Our Proven Record of Success
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Award-Winning RepresentationRecognized on the prestigious New Mexico Rising Stars list by Super Lawyers magazine every year since 2017.
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Over 15 Years of ExperienceOur commitment to achieving the best results has shaped a strong track record of successful outcomes, even in the most challenging situations.
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Client-Centered Legal SupportWe're focused on your recovery—financially and personally—so you can move forward with your life.
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Free Case Consultation – No RiskTaking the first step toward resolution costs you nothing. We offer a free consultation to assess your legal options.
What Is Considered a Wrongful Death in New Mexico?
In New Mexico, “wrongful death” is defined as an avoidable fatality resulting from the negligent, reckless, or intentional actions of another party. Under state law, a wrongful death claim can arise from various situations, including vehicular accidents (including those involving cars, trucks, motorcycles, buses, trucks, rideshares, pedestrians, and bicycles), premises liability incidents, and defective products that result in fatal injuries.
To win a wrongful death case in New Mexico, the plaintiff must demonstrate that the defendant’s actions or omissions directly contributed to the victim's death. This involves proving duty of care, breach of that duty, causation, and damages. It's crucial to gather thorough evidence, including police reports, expert testimonies, and medical records, to construct a robust argument. Understanding these legal requirements and intricacies can be daunting, so having dedicated legal representatives, like a wrongful death attorney near you, is invaluable.
At Law Office of Nathan Cobb, we are familiar with the nuances of New Mexico’s laws and legal systems surrounding wrongful death and leverage this comprehensive understanding when building cases for our clients. If you are not sure whether your family has a wrongful death case, we can evaluate the details of your situation and advise you of your legal options.
Common Causes of Wrongful Death in Albuquerque
Albuquerque, with its unique mix of urban and suburban environments, experiences a variety of accidents that can lead to wrongful deaths. Among the most common are vehicular accidents, which remain a significant concern despite ongoing traffic safety improvements. Factors such as distracted driving, speeding, and impaired driving are prevalent, contributing to numerous avoidable fatalities on local highways. The intersection of I-40 and I-25, known as the Big I, is particularly notorious for heavy traffic and collision risks. Motorists must remain vigilant, especially during rush hours when the traffic is most congested.
Additionally, incidents involving pedestrians and cyclists are on the rise due to the city’s growing emphasis on walkability and cycling-friendly initiatives. Unfortunately, accidents often occur when drivers fail to yield or become inattentive in areas with high pedestrian traffic. Albuquerque's rapidly expanding construction projects also present risks, with insufficient safety measures potentially leading to tragic losses. Our firm is committed to identifying these hazards and advocating for stricter safety protocols and accountability to prevent more unnecessary deaths.
Seek justice for your loved one with the help of our Albuquerque wrongful death lawyer. Contact the Law Office of Nathan Cobb today to get started!
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Who Can File a Wrongful Death Lawsuit in New Mexico?
In some states, immediate surviving relatives of the wrongful death victims are allowed to take legal action on behalf of the deceased. This is not the case in New Mexico. Only the personal representative (also known as the executor) of the victim’s estate has the right to bring a wrongful death lawsuit.
If the deceased had an estate plan, they would most likely name the personal representative of their estate in their will. If the deceased passed away without a will or their preferred personal representative is unable or unwilling to take on the role’s responsibilities, the court will appoint an individual to serve—typically a close surviving family member.
Choosing the right personal representative is crucial, as they are responsible for deciding the course of litigation and negotiating settlements on behalf of the deceased’s estate. Families need to discuss potential candidates for this role before a crisis arises. Legal guidance can assist the personal representative in effectively fulfilling duties, ensuring that a wrongful death lawyer in Albuquerque fully represents the family's interests.
Compensation for Wrongful Death in New Mexico
A wrongful death lawsuit allows your family to hold the responsible party accountable for your loved one’s passing, as well as seek compensation to help cover the consequences of your unimaginable loss. No dollar amount is going to make up for the death of your loved one, but you shouldn’t have to worry about how you will manage the financial realities that come with the sudden and unexpected loss of a family member.
Depending on the circumstances of your case, our Albuquerque wrongful death attorney may seek maximum compensation for many types of damages, including:
- Medical and funeral expenses. A wrongful death claim can recover the costs incurred for the medical treatment of the deceased prior to death, as well as funeral and burial expenses. This helps alleviate the financial burden these unexpected costs can place on your family.
- Lost wages and benefits. You and your family can claim the income the deceased would have reasonably earned if they had lived. This includes wages and benefits like retirement contributions or potential bonuses.
- Loss of companionship and consortium. This compensates your family for the loss of your deceased loved one’s companionship, love, and affection. It acknowledges the void left by the deceased in the lives of their close relatives.
- Emotional suffering. You and your family can receive compensation for the emotional pain and suffering you have endured due to the loss. This compensation category recognizes the profound emotional impact such a loss can have.
- Punitive damages: In cases where the defendant’s actions were especially egregious, malicious, or deliberate, the court may award punitive damages. These are not tied to specific losses of your family but serve as a punishment for the defendant and a deterrent against similar conduct.
The insurance company representing the defendant in your case may offer you what seems like a substantial settlement in the days or weeks after the loss of your loved one. You should never accept money or sign anything without consulting a wrongful death lawyer in Albuquerque. Insurance companies generally look to pay out as little as possible. While getting financial support quickly may be tempting as you grapple with the consequences of the loss, the offer likely does not provide the compensation you and your family truly deserve.
At Law Office of Nathan Cobb, we can help calculate the full amount you are entitled to under the law. We are unafraid to go to trial to fight for a just outcome. Our team is committed to exploring every avenue for compensation, ensuring no stone is left unturned in pursuing a comprehensive settlement that honors your loved one’s memory and supports your family in navigating future challenges.
Statute of Limitations for Wrongful Death Lawsuits in New Mexico
Under New Mexico law, the statute of limitations for filing a wrongful death lawsuit is three years from the date of the victim’s death. Note that the date of death is distinct from the date of an accident in which the victim sustained fatal injuries. For example, if someone were to suffer catastrophic injuries in a car crash but did not pass away because of those injuries until several weeks later, the personal representative of their estate would have three years from the later date to bring their lawsuit.
Missing this deadline will generally prevent you from pursuing your claim or recovering compensation, so do not wait to discuss your case with our Albuquerque wrongful death lawyer. We can handle the legal proceedings so you and your loved ones can focus on mourning and moving forward.
Understanding the statute of limitations is critical, as it influences your ability to seek justice and obtain financial recovery. Early engagement with legal counsel can also ensure that critical evidence is preserved, witness testimonies are secured, and strategic planning is initiated promptly. Timeliness in addressing these legal matters is paramount to protecting your rights and interests.
Don’t wait to seek justice for your loved one. Contact our wrongful death lawyer in Albuquerque to schedule a FREE consultation!
Frequently Asked Questions About Wrongful Deaths in Albuquerque
How Is Liability Determined in a Wrongful Death Case?
Liability in wrongful death cases in Albuquerque is typically established through evidence showing that the defendant owed a duty of care, that duty was breached, and that the breach caused the fatality. This process involves meticulously gathering evidence, including accident reports, witness statements, and expert testimonies. Speed, alcohol consumption, and adherence to safety standards are often scrutinized. Working with a knowledgeable wrongful death attorney in Albuquerque can help ensure that all relevant evidence is collected correctly and presented effectively. Law Office of Nathan Cobb is adept at navigating these complex scenarios to build strong cases for our clients.
Can a Wrongful Death Claim Be Filed if a Criminal Case Is Also Pursued?
Yes, a wrongful death claim and a criminal case can be pursued simultaneously in New Mexico. The criminal case deals with violations of the state's laws and results in penalties, such as fines or incarceration, decided by a criminal court. A wrongful death claim, conversely, is a civil action focused on recovering monetary damages for the victim's family. The burden of proof differs between the two, with civil cases requiring a preponderance of evidence rather than proving guilt beyond a reasonable doubt. Engaging a lawyer ensures that both avenues are pursued effectively.
What Role Does An Albuquerque Wrongful Death Attorney Play?
An Albuquerque wrongful death attorney plays a pivotal role in representing and advising clients through the complexities of their claims. From the initial consultation, they provide clarity regarding your legal options, guide you through filing procedures, and advocate for fair compensation. In the courtroom, they diligently present evidence and argue on your behalf. Additionally, they negotiate with insurance companies to secure the best possible outcome for your family. Their understanding of New Mexico's wrongful death laws is crucial in navigating these challenges adeptly and compassionately.
