A Guide To Understanding Wrongful Death And When To Seek Legal Assistance

By Author: Chris Lucero
Total Articles: 68
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When someone you love dies as the result of another’s negligence or irresponsibility, their death becomes very real in a way that can be difficult to deal with. In fact, grief and rage can cloud your judgment and affect your ability to make decisions about your loved one’s final arrangements or future care. You may also not be aware of the full range of options available if you decide to pursue legal action against the responsible party. Many things to consider, and this guide will help you understand everything when dealing with the aftermath of wrongful death.

What is Wrongful Death?

Wrongful death is the cause of a person's untimely demise due to the negligence or wrongdoing of another party. Wrongful death is often classified as a personal injury claim, meaning that if you were injured or killed because of someone else's negligence, they are liable for paying restitution on your behalf which may include medical expenses, lost wages from work, funeral costs, punitive damages and even pain and suffering. A personal injury attorney in Rio Rancho can help you understand the claim and receive compensation for ...
... your loss and suffering.

Who Can File a Wrongful Death Claim?

In the United States, there are two types of people who can file a wrongful death claim: the executor of the deceased's estate or someone with a special relationship with the deceased. The executor is either named in the will or appointed by a judge if there is no will.

What are the Damages of a Wrongful Death Claim?

The damages in a wrongful death claim are often extensive but can vary depending on the circumstances of the case. In general, damages include both economic losses (e.g., lost wages) and non-economic losses (e.g., pain and suffering). Economic losses may be further broken down into past due wages, future lost earning capacity, present value of pension benefits, insurance proceeds for medical or funeral expenses, or life insurance proceeds for unpaid debts. Non-economic losses may include pain and suffering (also called general damages), mental anguish, physical impairment and disability; disfigurement; loss of love; loss of companionship; loss of care services; grief; sorrow; fright and anxiety experienced before death with no prospect for recovery.

How Do I Prove Wrongful Death?

If you believe someone acted negligently, there are three types of damages you can claim: economic damages, non-economic damages, and punitive damages. Economic damages are expenses that can be quantified such as medical bills, funeral costs, etc. Non-economic damages cover intangible factors such as pain and suffering which cannot always be calculated monetarily. Punitive damages allow plaintiffs to hold defendants accountable by forcing them to pay more than the standard award in cases where they were particularly reckless or acted with malice aforethought.

In order for these damages to be awarded, plaintiffs need evidence of wrongdoings that show their injury was foreseeable and proximate cause resulted from defendant's conduct. Please contact a personal injury law firm Rio Rancho nm to discuss about your legal options.

When Should I Contact Personal Injury Attorney in Rio Rancho about Wrongful Death?

When the cause of death is in dispute: If there is any question about the cause of a loved one's death, it is important to contact an attorney as soon as possible so that your family will have someone on their side who can help them determine what happened. If you or a loved one has been accused of murder, it is also important that you consult with an attorney to make sure that your rights are protected and understood throughout the entire process.

Based in Albuquerque, The Law Office of Lucero & Howard, LLC is committed to provide personalized legal representation since 2012. Our team of attorneys has over 15 years of combined experience, plus the energy and vigor to take on all of your legal challenges. We bring experience, knowledge, and teamwork to help tackle any of the legal problems life may throw your way. Our attorneys are well experienced in the areas of Criminal Defense, Civil Rights, and Personal Injury.